Conflicts

Question 1

Concurrent client (General Rule)

Answer 1

exists if: 1) representation of on client is directly adverse to another client; or
2) there is significant risk that the representation of one or more clients will be materially limited by lawyer’s responsibilities to another client, former client, 3d person, or personal interest of lawyer

Question 2

Concurrent client (consent)

Answer 2

ok if

1) lawyer reasonably believes he can provide competent and diligent representation to each affected client (must be objectively reasonable)
2) not prohibited by law
3) one client’s claim is not directly adverse to other client in same litigation or proceeding before a tribunal
4) each affected client gives informed, written consent

Question 3

Duties owed to clients

Answer 3

Confidentiality, communication, loyalty

Question 4

Duty to Client: competence

Answer 4

shall provide competent representation –

requires the legal knowledge, skill, thoroughness and preparation necessary for the representation

Question 5

Allocation of authority between client and lawyer

Answer 5

lawyer shall abide by client’s decision concerning objectives, shall consult with client as to means, shall abide by client decision to settle, plea to enter, whether to waive jury trial, whether client will testify

Question 6

Duty of Confidentiality

Answer 6

shall not reveal information relating to the representation of a client unless client gives informed consent

Question 7

Exceptions to duty of confidentiality

Answer 7

1) to prevent reasonably certain death or substantial bodily harm
2) to prevent client from committing crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another & in furtherance of which client uses lawyer’s services
3)
4) to secure legal advice about lawyer’s compliance with model rules
5) lawyer self defense in action between client and lawyer
6) comply with court order (should assert attorney-client privilege)

Question 8

Attorney Client privilege

Answer 8

protects 1) confidential 2) communication 3) between client and attorney 4) for the purpose of providing legal advice

protects from discovery and compelled disclosure

Question 9

Naming a law firm

Answer 9

GR: must not be misleading
trade names permitted
(IN: shall include the name of a lawyer and identify the field of law concentration, geographic location, or indicate language fluency)
can’t use name of a lawyer holding public office
if sharing office, can’t name so as to imply partnership or law firm

Question 10

advertising rules

Answer 10

GR: must not be false or misleading
(can be false or misleading by omission, or by stating past success implying future results, unsubstantiated statements comparing service or fees to other lawyers’ services or fees)

Question 11

referrals

Answer 11

can’t give anything of value for client referrals

exception: can pay fees to be part of legal service plan, or to referral service

Question 12

solicitation

Answer 12

GR: may not solicit fee-generating employment directly from potential client when significant reason for doing so is pecuniary gain.
Exceptions: person solicited is
a lawyer
has a family, close personal, or prior professional relationship with the lawyer

Question 13

Conflict between client and lawyer

business transaction

Answer 13

OK if

1) transaction and terms are fair and reasonable to client and disclosed in writing in a manner reasonably understandable by client
2) client is given reasonable opportunity to seek independent advise of another lawyer
3) client gives informed written consent

Question 14

conflict between present client and prospective client

Answer 14

lawyer may not represent client with interests adverse to prospective client in same or substantially related matter if lawyer received information from the prospective client that could be harmful to that person except if:
both prospective and current clients give informed written consent, or
lawyer took reasonable measures to limit the amount of disqualifying information he received and screened himself (if in a firm setting)

Question 15

conflict between present and former clients

Answer 15

lawyer who formerly represented client in a matter may ot represent another person in the same or a substantially related matter in which present client’s interests are materially adverse to those of former client

Question 16

conflict between client and 3d party

Answer 16

allowed (rule 1.7) if

1) lawyer reasonably believes that he will be able to provide competent and diligent prepresentation
2) not prohibited by law
3) doesn’t involve the assertion of a claim by one client against another client represented by same lawyer in same proceeding or litigation
4) each affected client gives written informed consent

Question 17

Payment for services to client by 3d party

Answer 17

ok if:

1) client gives informed consent
2) no interference with lawyer’s independent professional judgment or client-lawyer relationship
3) confidentiality is preserved

Question 18

Test for confidentiality for corporate clients

Answer 18

control group test (minority) -- client is upper management, directors who are dealing with the legal issue
UpJohn rule (majority rule) -- client is employees with relevant information within the scope of their employment

Question 19

factors for unreasonable fee

Answer 19

eight factors

1) time and labor involved, novelty & difficulty of Q involved
2) likelihood acceptance of this representation will preclude lawyer from accepting other work
3) customary fee in the locale for the type of work
4) the amount involved and results obtained
5) the time limitations imposed by the client or circumstances
6) the nature and length of the professional relationship w/ client
7) lawyer’s experience, reputation, and ability
8) whether fee is fixed or contingent