concurrent conflicts

Question 1

concurrent conflicts

Answer 1

1.7

Question 2

is there a cocurrent conflcits

Answer 2

a. Prohibits rep of one client if rep will be directly adverse to another
b. Prohibits rep If there is a significant risk that the rep of one or more clients will be materially limited by lawyers responsibility to another client, a former client, a 3rd person or the lawyer personal interest.

Question 3

If conflict under 1.7A may rep still if

Answer 3

i. If conflict under a- May still rep if:
i. Lawyer reasonably believes he can provide competent and diligent rep to each affect client
ii. Rep not prohibited by laws
iii. Rep does not involve the assertion of a claim by one client against another in the same litigation or proceeding before a tribunal AND
iv. Each gives informed consent, confirmed in writing.

Question 4

Evaluating conflicts:

Answer 4

1. Who is the client(s)
2. Is there a concurrent conflcit udner 1.7a
   a. if conflcit is it cosnentable?
   b. if cosentable does each give informed cosnent confriemd in writing

Question 5

consentable conflicts under 1,7a

Answer 5

• (If lawyer reasonably believes that the lawyer will be able to provide competent and diligent rep to each client and afected parties give informed consent confirmed in writing

Question 6

non consentable under 1.7a

Answer 6

a. A reasonable lawyer would conclude that a lawyer would not be able to provide competent and diligent rep.
b. Rep is prohibited by law: mr 1.7b2
c. Rep involves assertion of a claim by one client against another in the same litigation MR 1.7B3

Question 7

competing interests

Answer 7

a. Imputation of conflicts MR 1.10
i. General Rule While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing along would be prohibited from doing so by 1.7 or 1

Question 8

personal conflicts

Answer 8

a. Conflict when there is a significant risk that lawyer’s action on behalf of one client will materially limit lawyer’s effectiveness in representing another client in a different case.

Question 9

1.7 comment factors

Answer 9

a. Same court?
b. Is the issue substantive/procedural
c. Significance of the issue
d. Clients reasonable expectations

Question 10

non litigation rep risk management lessons

Answer 10

a. Obtain written informed consent even when rules may not require
b. Beware of acting as scrivener
c. Address confidentiality issue

Question 11

conflicts in rep corps

Answer 11

i. 1.13
1. Client ID
2. Steps to take to protect entity-client when client interests & constituent interest conflict

Question 12

conflicts created by corporate affilitaitons

Answer 12

1. Go up – and sometimes out to regulators

a. Go up the chain of command

Question 13

Conflicts and prospective clients

Answer 13

i. MR 1.18
1. Prospective client consults with the lawyer about the possibility of forming A-C relationship
2. Lawyer shall not use/reveal info except as permitted by the rules.
3. General prohibition on being adverse to perspective client in same. Substantially related matter if lawyer received info that could be significantly harmful.

Question 14

no imputation for conflicts with prospective clients if:

Answer 14

a. Current/prospective client gives informed consent OR

b. MR 1.18d2 conditions are satisfied

Question 15

avoiding imputation under MR 1.18

Answer 15

1. Lawyer took reasonable measures to avoid exposure to more disqualifying information than was necessary to determine whether to represent the client.
   a. Disqualified lawyer is screened
   b. Disqualified lawyer receives no part of the fee
   c. Written notice is given to the prospective clients.

Question 16

New comment to rule 1.18

Answer 16

Balance the interst of current client, interst of the lawyer, and interests of the lawyer (Tx doesnt have this rule)

Question 17

under rule 1.18 person becomes prospectivr client by

Answer 17

consulting with lawyer about possibility of forming client lawyer relationship with respect to the mater.