Conf. Govt. 4-1.11 Flashcards

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1
Q

Hold

A

Hold

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2
Q

What governs Govt Atty going Private?

A
GOVT TO NEW PA
-----------
Govt slave left for the PURSe.
New Privates wear SPURs.
-----------
(1)  Cd USE + REVEAL to disadv [Former C Conflict]
(2)  If PERSONALLY & SUBSTANTIALLY participated as PO or pub ee. 
Unless written informed consent.
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3
Q

New PA is determined to be wearing SPURs.
What must Private Firm do to represent?

A
GOVT TO NEW PA
-----------
SPUR gets treated like a mole: 
(1)   Screens him, 
(2)  [w/holds] $, 
(3) Report him to Govt.
-----------
U get the RPS treatment
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4
Q

New PA is blocked b/c has CONFID INFO.
What can he do?

A

Nothing. ALWAYS blocked.
———–
His Firm need only (1) Screen him & (2) No $ to him.
Citiz will never know his govt has confid info.

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5
Q

What is ‘confidential Govt info’ a New PA might have garnered?

A
GOVT TO NEW PA
-----------
Info:
1)  Obtained under Govt authority 
2)  Govt cannot lawfully make public
3)  Not otherwise available to the public.
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6
Q

New PA is blocked b/c has CONFID INFO.
What must Private Firm do to represent?

A

Never report a Confidential informant, just:
(1) Screen him +
(2) w/hold $.
———–
Citiz will never know his govt has confid info.

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7
Q

A Private Atty going Govt cannot participate in what 2 activities in his new Govt employment?

Hint: Different b/c Govt reps everyone. Hard to avoid a conflict.

A

PRIVATE TO NEW GA
———–~confirmed~
New GA is different - cannnot:
1. Participate in a matter personally + substantially participated in private practice unless Govt gives written informed consent.
2. Negotiate for private employment w/ a party participating personally + substantially in a Govt matter.

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8
Q

With regard to a Govt Atty turning Private or vice versa, define “Matter.”

A

NEW GA/NEW PA

(1) Any judicial proceeding, K, claim, controversy, involving a specific party or parties; and
(2) Any other matter covered by the conflict of interest rules of Govt.

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9
Q

What’s the UNIQUE thing about imputing New GA’s conflict?

A

Not imputed.

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10
Q
PRIVATE TO NEW GA
-----------
What is a critical aspect of the 'confidential Govt info' New PA is forbidden to use?
-----------
See, 4-1..1(c)
A

New PA must have ACTUAL knowledge.
Such knowledge is not imputed to the lawyer.

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11
Q

When a Judge moves into Private Practice, what are his conflicts?

A

Judge New PA cannot participate in a matter in which he personally + substantially participated in while a Judge or mediator w/o everyone’s informed consent.

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12
Q

What are the limits on Judge looking for work?

A

Judge cannot negotiate for employment w/ party in a matter in which Judge is personally & substantially participating as a Judge or mediator

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13
Q

What are the limits on law clerk to a Judge looking for work?

A

ONLY AFTER NOTIFYING JUDGE, Law Clerk MAY negotiate for employment w/ party participating in a matter in which Law Clerk is participating personally & substantially,

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14
Q

If Judge turned Private Atty has a conflict, does it block Judge’s Firm?

A

Yes, UNLESS:
(I) Judge-PA is timely screened & receives no fee
&
(2) Written notice is promptly given to the parties.

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15
Q

What is the special exception re: arbitrators?

A

If an arbitrator is selected as a partisan of a party
in a multimember arbitration panel is not prohibited from subsequently representing that party.

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16
Q
GOVT TO NEW PA
-----------
State how Firm treats differently:
New PA who went for the PURSe [SPUR]
vs. 
New PA w/ Confid Info.
A

PURSe / SPUR = mole (scr/$/report to govt)
Confid = confid informant. (scr/$)

17
Q
GOVT TO NEW PA
-----------
Who does FIRM tell if New PA has:
SPUR
vs.
Confid Info.
A

SPUR = Govt. (mole)
Confid = No One (never report a confid informant)