Conflict of Interest - Current

Question 1

what are the exceptions to imputation

Answer 1

1. conflict based on uniquely personal interest
2. conflict based on lawyer’s former dealings – can be screened

Question 2

when does a concurrent conflict exist

Answer 2

1. the rep of one client will be directly adverse to another or
2. there is significant risk that the rep of one client will be materially limited by the lawyer’s own interest or by the lawyer’s responsibilities to another client, former client, or third person

Question 3

when MAY a lawyer rep a client despite a current conflict

Answer 3

1. lawyer reasonably believes that he can competently and diligently rep each affected client
2. the client gives informed consent in writing

Question 4

what counts as in writing

Answer 4

written or memorialized

Question 5

can a lawyer ask a client to consent to future conflicts

Answer 5

only if it is reasonable and the client understands the consequences

Question 6

can a lawyer rep a client who’s interests are directly adverse to those of another client

Answer 6

yes if both give consent in writing

Question 7

what would be directly adverse

Answer 7

cross examining a client, repping a client’s opponent

Question 8

what is a conflict about material limitation

Answer 8

situations in which there is a significant risk that the rep will be materially limited by the client’s own personal interests or responsibilities to a different, former client or third party

can get client consent in writing

Question 9

is repping multiple clients ok

Answer 9

criminal - should try not

civil - may but need to tell them what that entails

Question 10

how to handle multiple rep conflicts

Answer 10

1. can lawyer effectively rep both clients
2. disclose potential conflict
3. get informed consent in writing
4. if potential conflict comes to fruition, repeat steps 1-3

Question 11

is repping two clients with inconsistent legal positions in two unrelated cases ok

Answer 11

if one is likely to become precedent, then that is a substantial risk that the rep will be materially limited by responsibilities to other client. must disclose and get consent in writing

Question 12

what conflicts by lawyer’s own interest be materially limiting

Answer 12

financial interest
lawyers who are relatives (not imputed)

disclose and get consent in writing

Question 13

can a lawyer enter into business transaction with client

Answer 13

yes if
1. the terms are fair
2. terms are fully disclosed in writing in a way client can understand
3. client is advised in writing to get advice of own lawyer
4. client gives informed consent in signed writing

Question 14

what’s the exception to the rule that a lawyer can’t have a proprietary interest in the cause of action or subject matter of litigation

Answer 14

contingent fees

some states allow liens

Question 15

what are the rules around gifts

Answer 15

• can’t solicit substantial gift from non-relative client
• can’t prepare a will that creates a substantial gift for you or your relative unless donee is a relative

Question 16

can you acquire literary or media rights

Answer 16

yes. after the case is over

Question 17

what are the exceptions to the no financial assistance to clients rule

Answer 17

1. can advance litigation expenses
2. can pay court costs and litigation expenses for an indigent client
3. can make modest gifts for PRO BONO indigent client

Question 18

what must a lawyer do for aggregate settlement agreements

Answer 18

1. make sure the clients have come to an agreement on how the sum will be split
2. disclose to each client the terms of the settlement
3. each client must give informed consent in signed writing

Question 19

when can lawyer accept compensation from third person

Answer 19

1. client gives informed consent
2. third person doesn’t interfere with lawyer’s independence or rep
3. arrangement doesn’t compromise client’s confidential info

Question 20

are sexual relationships ok

Answer 20

yes, if relationship came first. no imputation

Question 21

are sexual relationships ok if client is an organization

Answer 21

not if the person supervises, directs, or regularly consults with the lawyer about the organization’s legal matters