Chapter 9 Flashcards
1.7(a) states you can’t represent if what two conditions?
1) C’s directly adverse; or
2) Significant risk of material limitation
1.7(a) states you can’t represent if two conditions exist except what?
informed consent
1.7(b) states despite conflict, L may represent if what four things?
1) L reasonably believes can provide competent and diligent representation
(2) Rep not illegal
(3) not directly adverse in same suit; AND
(4) written/signed informed consent
What are some examples of generally non-consentable representations?
Buyer and seller, husband and wife in domestic matters, criminal, and competition for limited resources
[30] are the two most important factors to consider whether joint representation?
Confidentiality and ACP
Generally, consentability depends on what?
Circumstances (i.e. facts, law, and party objectives)
§ 132 states L representing CO does not ____________ parent or subsidiary unless ______
(1) necessarily represent
(2) affiliate is client
Future consent will generally fail if _____ and ____
(1) general
(2) open ended
[21] Whether L is precluded from representing other C’s depends on what five factors?
(1) nature of conflict
(2) whether the C revoked consent because
(3) material change in circumstance
(4) reasonable expectations of other C’s and
(5) whether material detriment to other clients or L would result.
[26] Relevant factors: material limitation:
(1) duration/intimacy of L’s relationship w/ the C’s,
(2) L’s function,
(3) the likelihood that disagreements will arise and the likely prejudice to the client from the conflict.
[26] Relevant factors: material limitation: it is a question of what? (2)
proximity and degree.
[18] Informed consent requires what?
that each affected client be aware of the relevant circumstances and of the material and foreseeable ways that the conflict could have adverse effects on the interest of the client
[6] absent consent, L may not advocate in one matter against current client in another, even if matters are what?
unrelated
