Conf. Former Client 4.1-9

Question 1

After representing a Client, who can Atty NOT represent?

Answer 1

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.]

Question 2

How can Atty use Former’s info?

Answer 2

Cannot use to Former’s disadvantage UNLESS allowed by Rules.

Question 3

Which aspects of Former’s representation can Atty disclose?

Answer 3

None UNLESS allowed by Rules.

Question 4

Give 2 examples how you might have to turn away a New Client b/c of your rep of Former Client?

Answer 4

If switch teams but same players. Examples:
1) Draft K for C. Later represent other party & sue Former on K.
2) Prosecute. Later defend.

Question 5

In sum:
State 4 ways 4.1-9 Conflict Former Client, finds conflict?

Answer 5

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.

Question 6

Distinguish the jingles for Bar Ethics Current Client conflict v. Former Client conflict.

Answer 6

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.