conflicts of interest

Question 1

General duties of loyalty

Answer 1

You always put your client first and work in their best interests

Question 2

representing opposing parties in same suit

Answer 2

never ok

Question 3

resolving conflicts of interest

Answer 3

Reject representation unless, the attorney reasonably believes their will be no adverse effect and the client gives written consent.

This is a continuing duty and the duty of loyalty must be met every time their is a potential conflict

Question 4

Discovery of conflict of interest after acceptance of representation

Answer 4

If the conflict can not be resolved, then the attorney must withdraw

Question 5

imputed disqualification

Answer 5

If one attorney at a firm has a conflict, the whole firm has an exception

Question 6

imputed disqualification and government officials

Answer 6

1. matter specific
2. must be screened
3. No fee splitting
4. government agency must be notified to ensure compliance

Question 7

Getting informed consetn

Answer 7

If you have to disclose confidential information to get informed consent, then you can’t get informed consent

Question 8

Conflicts of interest between client

Answer 8

When your representation of one client materally limits or is adverse to your other client

Question 9

Aggregate settlements or guilty pleas

Answer 9

Requires that the attorney inform the client about the nature and extent of all settlements or pleas and each client consents in writing

Question 10

Neutral third party

Answer 10

If the lawyer reasonably believes she can represent the interest of each party effectively, the attorney discloses her role to both a lawyer may act as a neutral third party

Question 11

Attorney and client conflicts

Answer 11

do not result in imputed disqualification

Question 12

Financial assistance to clients

Answer 12

Lawyers shall not give financial assistance to a client in connection with contemplated or pending litigation except

Litigation expenses for indigent client
or
litigation expenses in contingency fee cases

Question 13

Business transactions with clients

Answer 13

business transactions between lawyers and clients are permissible if
1. the terms are fair and reasonable

2. the terms are fully disclosed and reasonable
3. And the client is advised in writing to seek third party counsel
4. written informed consent is given

Question 14

publication and media rights

Answer 14

A lawyer must not acquire media rights relating to the representation of a client prior to the end of that representation

Question 15

Acquiring interest in litigation

Answer 15

Not allowed except

1. lien to secure fees
2. contigency fees

Question 16

Attorney as a witness

Answer 16

An attorney may not represent a client in a trial where the attorney is likely to be called as a witness except

1. testimony only relates to an uncontested matter
2. the testimony is regarding the value of legal services rendered
3. disqualification would result in substantial hardship to client

Question 17

Opposing former client

Answer 17

An attorney may not be materially adverse to a former client if the current matter is substantially adverse to the former representation without informed consent of the client

an attorney may not oppose a former client if they have confidential information from the prior representation that would damage the client and that information could be used to the disadvantage of the former client unless the former client gives informed consent or the information is generally known.

Question 18

Representing entities

Answer 18

1. Attorney owes duty to entity, not constituents
2. if the attorney knows or should know that a conflict has arisen between the entity and a constituent, the attorney must inform the constituent they represent the entity
3. a lawyer representing a constituent may also represent an entity if the attorney believes they can represent both and consent is required.
4. if a constituent acts in a manner that could cause harm to the entity, the attorney must work to prevent that harm.
   The attorney may ask the constituent to reconsider their actions,
   The attorney must report the matter to a higher authority,
   If the highest authority fails to take appropriate timely action the attorney may report the information to an appropriate outside entity

Question 19

third party payments for legal services

Answer 19

allowed with informed consent of client (does not have to be written)
the payment must not interfere with attorney client privilege
attorney client privilige must remain