Conflict of Interest

Question 1

Name three main “categories” of personal-interest conflicts

Answer 1

1. Lawyer’s representation of client may be materially limited by the lawyer’s personal interest.
2. Opposing lawyers are related
3. Sexual relations with client

Question 2

When can a lawyer represent a client despite a personal conflict of interest?

Answer 2

If (1) lawyer reasonably believes that she can provide competent and diligent representation to the client, (2) the representation is not prohibited by law, and (3) the client gives informed consent, confirmed in writing.

Question 3

Name the three exceptions to the rule that a lawyer may not represent a client if the lawyer is likely to be a material witness.

Answer 3

1. Testimony relates to an uncontested issue.
2. Testimony relates to the nature and value of the legal services rendered in the case, or
3. Disqualification of the lawyer would work a substantial hardship on the client.

Question 4

What are the two main categories of conflicts of interest between current clients? (Bonus: Are they waivable?)

Answer 4

1. Directly adverse - a lawyer cannot represent a client if doing so would be directly adverse to the interests of another current client (i.e., opposing parties in same lawsuit). Bonus: usually not waivable
2. Material limitation - a lawyer cannot represent a client if there is a significant risk that the representation will be materially limited by lawyer’s responsibilities to current client. Bonus: waivable with informed consent, in writing.

Question 5

A lawyer’s conflict is not imputed to the firm if what two requirements are met?

Answer 5

(1) It is based on a personal conflict and (2) does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm.

Question 6

When a lawyer changes firms, what three requirements must be met so the lawyer’s conflict from the previous firm is not imputed to the new firm?

Answer 6

1. Screen lawyer from representation of client and related fee
2. Give former client written notice of conflict, and
3. Provide former client with certification of compliance with MRPC

Question 7

A lawyer providing short-term limited legal services (e.g., nonprofit) is not subject to the conflict of interest rules unless…

Answer 7

1. the lawyer or the client expects continued legal representation, or
2. the lawyer knows that a conflict exists (at the time of limited legal service)

Question 8

What three requirements must be met for a lawyer to accept payment from a third party?

Answer 8

1. the client gives informed consent
2. there is no interference with the lawyer’s independent professional judgment or the client-lawyer relationship, and
3. the lawyer protects the client’s confidential information

Question 9

May a lawyer serve as an advocate in a trial in which another lawyer in the firm is likely to be called as a witness?

Answer 9

Yes. (Unless the lawyer-witness has an imputable conflict)

Question 10

A firm is not prohibited from representing a client with interests that are materially adverse to a former client of a lawyer who left the firm unless…

Answer 10

1. the new matter is the same or substantially related, and
2. any lawyer remaining in the firm has confidential information about former client that is material to the new matter

Question 11

When can a lawyer accept a substantial gift from a client?

Answer 11

If given by a family member (even if solicited or lawyer helped prepare will, etc.)
OR
If from a client, as long as it is unsolicited and meets general standards of fairness

Question 12

What is the general rule regarding conflicts of interest with former clients?

Answer 12

If a lawyer previously represented a client in a matter, the lawyer cannot represent another person in the same matter or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client.

Note: conflict is waivable if former client gives informed consent, confirmed in writing.

Question 13

A lawyer cannot ___ money to clients, except for____.

Answer 13

loan; court costs

Question 14

If a lawyer is in conflict with the representation of a client, may another lawyer in the firm represent the client?

Answer 14

No! The lawyer is contagious.

Note: the exceptions to this rule are if the client gives informed consent, and if it is a personal conflict

Question 15

May a lawyer represent a party in a matter in which the lawyer participated personally and substantially as an arbitrator/mediator/judge?

Answer 15

No, unless all parties give informed consent in writing. Conflict is imputed to firm unless lawyer is timely screened, gets no fee, and notice is given to all parties and tribunal.