Conflicts of Interest Flashcards
A lawyer ________ represent any client with interests ______________ to those of a prospective client in a matter if the lawyer received information from the prospective client that could be __________________ to the ____________ in _______.
A lawyer must not represent any client with interests materially adverse to those of a prospective client in a matter if the lawyer received information from the prospective client that could be significantly harmful to the prospective client in that matter.
Ordinarily, a lawyer ____ withdraw from representing all of the clients if the __________________ fails.
For example, a common representation fails when ________________ has arisen by reason of ___________________ in the ______________.
Ordinarily, a lawyer must withdraw from representing all of the clients if the common representation fails.
For example, a common representation fails when a substantial conflict has arisen by reason of substantial discrepancy in the parties’ testimony.
A lawyer _________ represent a client when doing so is ___________ to the interests of another client or there is a ________________ that the representation of the client will be _________________ by the lawyer’s responsibilities to _________________, without each client’s _______________.
For _____________ to exist between clients, there must be a _______________________________ of the clients.
A lawyer must not represent a client when doing so is directly adverse to the interests of another client or there is a significant risk that the representation of the client will be materially limited by the lawyer’s responsibilities to the current client, without each client’s informed consent.
For direct adversity to exist between clients, there must be a conflict as to the legal rights and duties of the clients.
An attorney _______ accept payment for representation from someone other than the client, unless: (i) the client ________________________, (ii) there is ______________ with _____________________________, and (iii) ______________________ is ____________.
An attorney must not accept payment for representation from someone other than the client, unless: (i) the client gives informed consent, (ii) there is no interference with the attorney’s professional judgment, and (iii) attorney-client confidentiality is preserved.
A lawyer who _____________________ serves as a mediator with regard to a matter ____________ as an attorney for anyone in connection with the matter unless ____________________________________. This disqualification is ______ to ______________________________.
However, another member of the law firm may represent one of the parties to the mediation in the matter if (1) the ________________________ and any __________________ are given __________________ of the representation, and (2) the attorney who served as a mediator is ______________________________ and does not receive ______________________________.
A lawyer who personally and substantially serves as a mediator with regard to a matter must not serve as an attorney for anyone in connection with the matter unless all parties give their written, informed consent. This disqualification is imputed to other members of the lawyer’s law firm.
However, another member of the law firm may represent one of the parties to the mediation in the matter if (1) the other parties to the mediation and any appropriate tribunal are given timely written notification of the representation, and (2) the attorney who served as a mediator is timely screened from participation in the matter and does not receive any part of the fee from this representation.
An attorney ____ act as an advocate in a trial in which another attorney in their firm is likely to be called as a witness, unless the _______________ otherwise preclude the attorney from doing so.
An attorney may act as an advocate in a trial in which another attorney in their firm is likely to be called as a witness, unless the conflict-of-interest rules otherwise preclude the attorney from doing so.
A lawyer ________ represent a client if doing so would be ________________ to the interests of another current client unless, among other things, each affected ____________________, ________________.
Even if a matter regarding which the attorney represents each client is unrelated, a ____________ conflict can arise when a lawyer must ____________________ who appears as a ____________ in an ________________ involving another client, such as when the testimony will be ____________________ who is represented in the lawsuit.
A lawyer must not represent a client if doing so would be directly adverse to the interests of another current client unless, among other things, each affected client gives informed consent, confirmed in writing.
Even if a matter regarding which the attorney represents each client is unrelated, a directly adverse conflict can arise when a lawyer must cross-examine a client who appears as a witness in an unrelated lawsuit involving another client, such as when the testimony will be damaging to the client who is represented in the lawsuit.
A lawyer currently serving as a ____________ is generally subject to the general ethics rules relating to ____________________.
In addition, the ________________ is not permitted to participate in a matter in which the lawyer participated ________________________ while in ____________ or ____________________, unless the appropriate ____________________ gives its ____________________.
A lawyer currently serving as a government employee is generally subject to the general ethics rules relating to current and former clients.
In addition, the government lawyer is not permitted to participate in a matter in which the lawyer participated personally and substantially while in private practice or non-governmental employment, unless the appropriate government agency gives its informed, written consent.
Generally, an attorney who ____________________ participates as an arbitrator may not represent anyone in connection with the matter arbitrated, unless __________ to the proceeding give ____________________.
However, this restriction does not apply to an arbitrator selected as a ________ of a ____ in a ____________________________.
Generally, an attorney who personally and substantially participates as an arbitrator may not represent anyone in connection with the matter arbitrated, unless all parties to the proceeding give informed, written consent.
However, this restriction does not apply to an arbitrator selected as a partisan of a party in a multi-member arbitration panel.
A lawyer ________ represent anyone in connection with a matter in which the lawyer participated ____________________ as a _________ or other _______________________________________________________, unless all parties to the proceeding ________________________, ____________________.
Similarly, the fact that a former judge exercised ____________________ in a court would not prevent him from acting as a lawyer in a matter in which the judge had previously exercised ____________________________________ that did not affect ________________.
A lawyer must not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, law clerk, arbitrator, mediator or other neutral third party, unless all parties to the proceeding give informed consent, confirmed in writing.
Similarly, the fact that a former judge exercised administrative responsibility in a court would not prevent him from acting as a lawyer in a matter in which the judge had previously exercised remote or incidental administrative responsibility that did not affect the merits of the case.
Under the advocate-witness rule, an attorney generally ____ act as an advocate in a trial in which another attorney in the firm is likely to be called as a witness.
However, an attorney _____ represent a client if the witness-attorney ___________________ from ____________________.
Under the advocate-witness rule, an attorney generally may act as an advocate in a trial in which another attorney in the firm is likely to be called as a witness.
However, an attorney must not represent a client if the witness-attorney would be disqualified from representing the client.
A lawyer _____ engage in sexual relations with a client, unless __________________________________________ when ____________________________________.
A lawyer must not engage in sexual relations with a client, unless a consensual sexual relationship existed between the lawyer and client when the client-lawyer relationship commenced.
In general, if one attorney in a firm is prohibited by the conflict-of-interest rules from representing a client, that prohibition ______ to all other attorneys in the firm.
If the prohibition is based on a disqualified attorney’s ______________ and does not present a ___________ of __________________ the client’s representation by the remaining attorneys in the firm, then the disqualified attorney’s conflict _______ be imputed to the firm.
In general, if one attorney in a firm is prohibited by the conflict-of-interest rules from representing a client, that prohibition applies to all other attorneys in the firm.
If the prohibition is based on a disqualified attorney’s personal interest and does not present a significant risk of materially limiting the client’s representation by the remaining attorneys in the firm, then the disqualified attorney’s conflict will not be imputed to the firm.
Except as the law may otherwise expressly permit, a government lawyer who acquires information that the lawyer _______ is _____________________________ about a person may not later represent a private client whose interests are __________________ in a matter in which the information could be used to that person’s ____________________.
However, a firm with which a former government lawyer is associated may undertake or continue representation in a matter in which that lawyer is disqualified for the above reason if the disqualified lawyer_____________________________________ and __________________________ from the representation.
Except as the law may otherwise expressly permit, a government lawyer who acquires information that the lawyer knows is confidential government information about a person may not later represent a private client whose interests are adverse to that person in a matter in which the information could be used to that person’s material disadvantage.
However, a firm with which a former government lawyer is associated may undertake or continue representation in a matter in which that lawyer is disqualified for the above reason if the disqualified lawyer is timely screened from any participation in the matter and gets no part of the fee from the representation.
A lawyer ____ advance litigation costs, including the costs of ______________________ and the costs of __________________________, to the client. Repayment ____ be made ________ on __________________.
A lawyer may advance litigation costs, including the costs of a medical examination and the costs of obtaining and presenting evidence, to the client. Repayment may be made contingent on the outcome of the case.
