Conflicts of Interest

Question 1

1.9(a) - Lawyer’s former client

Answer 1

• same matter or substantially related
  objective test: What L normally would have obtained
• materially adverse
• unless former client gives informed consent

Question 2

1.9(b) - Concerns firm’s former client

Answer 2

• same matter or substantially related
• materially adverse
• actually acquired information protected
• no representation unless former client gives informed consent

Question 3

1.10(a)(2) - Current Firm Conflicts

Answer 3

• Disqualification under 1.9(a) or (b) and arises from :’s association of prior firm
• disqualified L is timely screened and got no fee (screen must be reasonably adequate and implemented quickly)
• written notice is given to former client
• certification of compliance is given

Question 4

1.10(b) - Former Firm Conflicts

Answer 4

• generally not prohibited unless
• same matter or substantially related matter
• any remaining lawyer has confidential information material to matter

Question 5

Situations where screening cures conflicts

Answer 5

1. Those listed in 1.10(a)(2): prohibition is based on rule 1.9(a) or (b) and arises out of disqualified lawyer’s association with prior firm
2. where the conflict involves work in which a lawyer was involved before that person became a lawyer (1.10 cmt. 4)
3. where the conflict involves work done by a former government lawyer while that person was in the government, and where the government lawyer has joined a law firm that seeks to represent or is representing a client whose interests conflict with the government lawyer’s prior work (1.11)
4. where one lawyer received confidential information from a prospective client who did not become an actual client, and the lawyer’s firm seeks to represent or is representing a client whose interests conflict with those of the prospective client (1.18)
5. where a lawyer is disqualified from working on a matter because the lawyer previously worked on the matter as a judge, a law clerk, an arbitrator, a mediator, or in some similar role (1.12(c))

Question 6

1.7 - Conflict of Interest: Current Clients

General Rule

Answer 6

Lawyers cannot represent a client if the representation involves a concurrent conflict of interest ((1) directly adverse or (2) material limitation)

Question 7

1.7 - Conflict of Interest: Current Clients

Exception

Answer 7

If you have a conflict under (a), you can still represent the client if you meet all four of these criteria:
1. L reasonably believes they will be able to provide competent and diligent representation to each affected client

2. representation is not prohibited by law
3. the representation does not involve L to represent P and D in one case
4. each affected client gives informed consent, confirmed in writing

Question 8

“Hot potato” doctrine

Answer 8

you can’t drop a cheaper client for a more lucrative client

Question 9

Can you cross examine a current client in an unrelated matter?

Answer 9

Not without informed consent. 1.7 prohibits undertaking a representation that is directly adverse to a current client without that client’s informed consent. Cross-examining a current client, even in an unrelated matter, is conduct that is directly adverse to that client when the lawyer is required to challenge the testimony of that client