Class 7

Question 1

Rule 1.10a

Answer 1

Conflict of interest is imputed to all attorneys in the same firm unless:
The prohibition is based on a personal interest of the disqualified attorney and does not present a significant risk of materially limiting the representation of the client by the other lawyers; or
The prohibition is based on duty to a former client (under Rule 1.9(a) or (b)) and arises out of the disqualified attorney’s association with the prior firm and
Disqualified attorney is timely screened …
Written notice is promptly given to the former client … and
Certifications of compliance …

Question 2

Third Party vs. Client

Answer 2

Attorney owes fiduciary duty to the client and not to the third party

Money should not talk

ABA Rule 1.8(f)

Question 3

Rule 1.8f

Answer 3

Attorney shall not accept compensation for representation from a person other than the client unless:
Client gives informed consent
There is no interference with the lawyer’s professional judgment or attorney-client relationship; and
Information is protected by the ethical duty of confidentiality

Question 4

Rule 5.4c

Answer 4

Attorney shall not permit a person who recommends, employs, or pays the lawyer to render services for another to direct or regulate the attorney’s professional judgment in rendering the legal services.

Question 5

When third party = Insurance company

Answer 5

Watch out for conflict of interest per Rule 1.7
What are possible conflicting interests?
“Cumis” counsel -
Beckwith Machinery Co. vs. Travelers Indem. Co.

Question 6

Rule 1.13

Answer 6

The organization is the client
Possible conflict between interests of the organization and the interests of organization’s agents
Attorney may represent both org. and agent but must comply with dual concurrent representation rule. (See 1.13(g) and Rule 1.7)

Question 7

Rule 1.13b

Answer 7

If attorney knows the org.’s agent is or intends to act in a way that will violate law that reasonably might be imputed to the org. and is likely to result in substantial injury to the org. the attorney shall proceed as is reasonably necessary in the org.’s best interest, including going to the highest authority in the org. [i.e. Report up the chain of command]

Question 8

Rule 1.13c

Answer 8

If despite attorney’s efforts, the highest authority insists on the same action and attorney reasonably believes that the violation of the law is reasonably certain to result in substantial injury to the organization then attorney may reveal information necessary to prevent substantial injury to the organization even if disclosure is not permitted by the ethical rule of confidentiality.

Question 9

Client v. Attorney

Answer 9

Entering into business transactions
with client

Acquiring interest adverse to a client

Lending money to client

Taking security for fee agreement

Being a witness and an advocate in the same case

Accepting gifts from clients

Entering into personal relations with client

Relationship with opposing counsel

Question 10

Rule 1.8a

Answer 10

Attorney shall not enter into business with client or acquire ownership, possessory, security, or other pecuniary interest that is adverse to client UNLESS:
Transaction and terms are fair and reasonable to client and disclosed in writing; and

Client told in writing to seek independent legal advice and given time to do so; and

Client gives informed written consent

Question 11

Rule 1.8b

Answer 11

Lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent

Question 12

Rule 1.8d

Answer 12

Before the end of representation, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.

Question 13

Rule 1.8e

Answer 13

Lawyer shall not provide financial assistance to a client in connection with a pending or contemplated litigation, except that:
Lawyer may advance court costs and expenses of litigation, repayment may be contingent on outcome of matter; and
Lawyer representing indigent client may pay court costs and expenses

Question 14

Rule 1.8i

Answer 14

Attorney shall not acquire proprietary interest in the cause of action or subject matter of the litigation except:
lien to secure attorney’s fees
contract for contingent fee in civil action

Question 15

Rule 3.7

Answer 15

Attorney shall not act as advocate at trial in which attorney is likely to be a necessary witness unless:
Testimony relates to uncontested issue
Testimony is about value/nature of legal service or
Disqualification would cause substantial hardship on client
Can be advocate when another attorney from the firm is likely to be witness unless precluded by Rules 1.7 or 1.9

Question 16

Rule 1.8c

Answer 16

Lawyer shall not solicit any substantial gift or prepare instrument giving lawyer or one related to lawyer a substantial gift from the client except if lawyer is related to client

Question 17

Rule 1.8j

Answer 17

No sexual relations with client unless relationship pre-existed the attorney-client relationship

This conflict is not imputed to other lawyers in the same firm

Question 18

Rule 1.7a2 & b

Answer 18

Lawyer shall not represent a client if there is a significant risk that the representation will be materially limited by the personal interest of the lawyer unless:
The lawyer reasonably believes she will be able to provide competent and diligent representation
Representation is not prohibited by law
Representation is not one client against another client in the same matter; and
Each client gives informed written consent

This is not generally imputed to others in firm (See Rule 1.10(a)(1))