Conflict of interest Flashcards
1
Q
duties under conflict of interest:
A
- duty to exercise ind judgement
- duty to be loyal and diligent in rep
- duty to preserve client conficences.
b. all duties may become comrpomised by competong interests
2
Q
types of conflict
A
i. Concurrent
ii. Successive
iii. Imputed
iv. Judge/government lawyer conflicts
3
Q
consequences for impermissible conflicts
A
i. Pro discipline, fee forfeiture, negligence claim, breach of fiduciary duty, motion to disqualify, court sanction, deductible and insurance premium surcharge, lost fees, time, damage to reputation, damage to the profession.
4
Q
Can avoid consequences by:
A
conflict checks
5
Q
conflcits checks are
A
id mechanisms for resolving conflicts, continualy reevaluates conflcits issues