Conflicts of Interest Flashcards
M.R. 1.11 - Conflict with gov’t job
- policy: no one would want a gov’t job!
- first place that “screening” was accepted
M.R. 1.7 - Concurrent Conflicts
prohibits when;
1. directly adverse to another client
2. significant risks that rep will be materially affected
M.R. 1.10 - automatically imputes the conflict onto attorney’s firm
Counterpart - Ca 3-310(c) - prohibits when;
Essentially: interest potentially conflicts + rep in adverse matters
1. interests potentially conflict
2. do conflict
3. separate matters, but adverse to first client
M.R. 1.7(b) - Concurrent Conflicts - Exceptions
allows when;
1. attorney reasonably believes he can provide competent rep for both clients
2. rep not prohibited by law
3. no assertion of claim against each other
4. informed consent in writing from both clients
(“successive conflict” only need consent)
M.R. 1.9 - Successive Conflicts - determinations
- Did the lawyer personally rep the former client?
- Yes, cannot rep
- No, can rep as long as they did not learn any confidential info
- Cal 3-310 same - What are the consequences to their firm?
- Yes, screening can stop imputed conflict
- No, if former firm rep’d client, then attorney only can rep if not; sub relate matter, materially adverse, no confidential info from past firm
“playbook” can create substantial relationship
M.R. 1.18 - Prospective Client Confidential Info
- lawyer who receives disqualifying info is restricted from rep another person which is sub affects
- also imputed to firm unless “screening”
1. took reasonable measures to avoid further exposure
2. timely screened
3. written notice to prospective client - CA does not have “screening” exception
Multiple Client Rep Conflicts
- 2 ways to preserve priv./conf;
1. joint rep
2. common interest arrangement (needs palpable threat at time of litigation and identical legal interests)
