Conflict of Interest

Question 1

Who Is A Client

Answer 1

Person or entity seeking legal serves from lawyer.

Current Client: ongoing litigation
Former Client: matter has been completed

Question 2

Duties to Current Client

Answer 2

Two Duties: Duty of Confidentiality, Duty of Loyalty

Question 3

Duty of Confidentiality

Answer 3

Duty to maintain confidences (what client told Att.) and secrets (what Att. has learned by representing)

Question 4

Conflict Arises with Confidentiality IF

Answer 4

The two matters are substantiall related to matter of the same substance.

Matter specific: Att. would injure same matter he has represented his client in.

Information Specific: Att. would be required to use information gained from current client.

Question 5

Duty of Loyalty

Answer 5

Duty to act in general best interest of client, includes personal, business and property interest.

Question 6

Duties to Former Clients

Answer 6

Only one duty: duty of confidentiality