COI Flashcards
personal relationship and COI?
significant risk representation would be materially limited by personal interest of atty
when could an atty be able to represent a client with a personal relationship
reasonabe belief she can competently do so
client consent
can an atty bang a client?
no specific rule
does it materially limit
what duty do we talk about if we see conflicts
duty of loyalty
what is atty duty to prospective clients
cant use info you learned in consultation to their disadvantage UNLESS
public info or
reveal info learned during consultation
what if an atty learns confidentisl info from a prospective client that would help a current client substantially in their case?
cannot rep prospective client w/o breaching duty of loyalty to current client
cannot rep current client without breaching duty of confidentiality with prospective client
VA standard for waiving conflict
client consent after consultation
general rule of conflict between current client and atty
waiver if atty reasonably believes he can provide competent rep
client consent after consultation
atty wants to get media rights in clients story
cannot do so until conclusion of representation
can a client give me a gift in their will?
not unless related
when does concurrent conflict of interest exist?
rep of one client is directly adverse to the other
Atty CANNOT do this
what if there’s concurrent clients and its unrelated actions?
may do so
former and current client issues
remember duty of loyalty extends
directly adverse or
substantial relationship b/w them
can we waive concurrent directly adverse clients?
no
can we waive former and current client COI?
yes
both clients consent after consultation
