Conf. Current Client 4.1-7 Flashcards
What are 3 instances of Conflict of Interest?
current poses same [DAM L]imits & Risks [Relations]
———–
1) Same or related matter
2) Directly Adverse interest
3) Materially Limits atty acting for each
4) subst Risk will occur
or
5) Related by blood, adoption, or marriage as a parent, child, sibling, or spouse.
How cure Conflict of Interest?
Informed Consent.
State 4 ways Conflict of Interest is a non-issue.
4-1.7 CONFL, CURRENT
1) None exists b/c Atty reasonably believes can give competent & diligent rep to each Client.
2) Rep is not prohibited by law.
3) No assertion of a position adverse to another Client in same case.
4) Written informed consent or stated on record.
Can related Attys have cases together?
No.
- Related by blood, adoption, or marriage as a parent, child, sibling, or spouse:
- Can’t go against each other w/o written consent.
———–
[Current poses Same DAM Risks & Limits Relations]
———-
What 2 things must Atty do to represent an insured?
4-1.7 CONFL, CURRENT
- Ascertain if he represents insured & his insurer or just insured.
- Advise both of extent of representation.
How do you know if representation wd be directly adverse?
[Directly Adverse? say L’Chaim, L’Chaim]
———–
1) Loyalty & Confidentiality compromised.
2) Limits Choices. i.e., can’t consider certain courses of action b/c impacts another Client.
If conflicted from a course of action, does that necessarily prevent the representation?
Hint: Who knows how to analyze a current conflict?
No. Depends on:
1) if affected client wants to Accommodate the other.
1) Likelihood.
2) Impact.
———–
~related~ What’s ALI’s analysis?
[Current poses Same DAM Limits & Risks Relations]
When can Atty NOT present antagonistic legal positions for 2 different Client’s in 2 different cases?
Before Appellate Court!
Give examples of when ‘special counsel’ is needed.
4-1.7 CONFL, CURRENT ----------- Interests conflict. 1) Insurer -- insured. 2) Corporation -- employee.
What can be considered when analyzing a conflict?
[ALI - accom, likehd, impact]
———–
Proximity & Degree. [think nature of cases, duration of rep, intimacy].
Ex. Negotiate on behalf of multiples w/:
a) Fundamentally antagonistic interests
vs.
b) Generally aligned.
How cd corporate Atty being on Bd of Directors pose a confict?
When called upon to give advise to corp on actions of Bd.
Who can question conflict?
4-1.7 CONFL, CURRENT
1) Court can when infers neglect.
2) Opposing counsel in criminal matters.
How might a conflict arise if there’s no conflict, re: client?
4-1.7 CONFL, CURRENT ----------- A conflict b/w Attys. ----------- If each firm has Atty related by blood, adoption, or marriage as a parent, child, sibling, or spouse.
If a Firm’s atty has a conflict, will the entire Firm be conflicted?
No.
<>not sure this is right<>
Can 2 Attys related by blood, adoption, or marriage as a parent, child, sibling, or spouse have a case?
No UNLESS written consent of clients.
