COI Flashcards
When someone who is not the client tries to influence the lawyer’s work that conflict (paying for someone else lawyer)
can only be waived if the client consents after consultation
When a lawyers representation of a client will be materially limited by the lawyers own/family interests that conflict
Can only be waived if
1) The lawyer reasonably believes he will be able to provide competent and diligent representation to the client; and
2) The client gives consent after consultation that is confirmed in writing
When a lawyer is engaged in a business transaction with a client and is doing some legal work related to that transaction that conflict
Can only be waived if
1) The clients consent is in writing
2) The client was given the opportunity to seek advice of independent counsel
3) The transaction be objectively reasonble
4) The transaction itself is in writing and can be understood by the client
Lawyers are prohibited from negotiating literary or media rights based on a client story until representation has concluded and
This conflict can never be waived
Lawyers are prohibited from drafting a document that makes a substantial gift to the lawyer or the lawyer’s own relatives unless
When the donee is related to the donor
The application of a COI issue is triggered by the question whether the
conflict will materially limit the lawyer’s representation of the client- an objective standard
Lawyers cannot gift financial assistance to clients except lawyers may
advance court costs
A lawyer is prohibited from acquiring
an interest in the litigation or its subject matter
A lawyer cannot represent clients in the same matter whose interests are in direct conflict and
this conflict cannot be waived
A lawyer who represents a org. represents
the org and not the employees
As a general rule, when a lawyer has a conflict of interest, that conflict spreads to all the lawyers in the frim
Virginia has not adopted screening procedures
Screening will not prevent discipline by the state bar
Might be considered by the court in deciding a motion to disqualify
Which asks the court to kick out the conflicted lawyers
Former Judges
a judge who participated personally and substantially as a judge from representing anyone connected with the case, unless all parties consent after consultation
Former Government lawyer
The lawyer may not represent a client in connection with a matter in which the lawyer participated personally and substantially as a government lawyer.
“Matter” includes adversarial activities, not non adversarial work like rule drafting
The application of a COI issue is triggered by the question whether the
conflict will materially limit the lawyer’s representation of the client- an objective standard
