Conf. Former Client 4.1-9 Flashcards
After representing a Client, who can Atty NOT represent?
CONFLICT FORMER ----------- Your Former was a SMURF ----------- Person w/ Materially Adverse interest to Former or who you cd Use or Reveal in Same matter UNLESS Former consents. ----------- Can you rep new? Is your old client MIA? [Material Interest that's Adverse.]
How can Atty use Former’s info?
Cannot use to Former’s disadvantage UNLESS allowed by Rules.
Which aspects of Former’s representation can Atty disclose?
None UNLESS allowed by Rules.
Give 2 examples how you might have to turn away a New Client b/c of your rep of Former Client?
If switch teams but same players. Examples:
1) Draft K for C. Later represent other party & sue Former on K.
2) Prosecute. Later defend.
In sum:
State 4 ways 4.1-9 Conflict Former Client, finds conflict?
Former is a SMURF *Basically Atty wd have an advantage* ----------- 1. Use info for former's disadvantage. 2. new Client in related matter w/ Materially Adverse interest to former. 3. Reveal former's info. 4. Switch teams & work with same players. UNLESS Former consents.
Distinguish the jingles for Bar Ethics Current Client conflict v. Former Client conflict.
ALI says Current poses Same DAM Limits & Risks Relations
Former is a SMURF
———–
CURRENT: Dfn. - Accom, Liklhd, Impact
Same or related case, Directly Advers, Materially Limits, Subst Risk, Related.
———–
FORMER: Use info vs. Former. New has Materially Adverse interest; Reveal Former’s Info, Switch teams.