Conflicts of Interest

Question 1

Which client has to give informed consent in writing if conflict exists?

Answer 1

Affected client.

Question 2

Immediate family members want to represent opposing parties. They can consent from one party in writing. (personal/not imputed)

Answer 2

Need consent from both.

Question 3

Lawyer represents Walmart. Starts having sex with store manager they met on the street. Okay?

Answer 3

Yes, as long as they don’t meet with them regularly about legal matters for Walmart.

Question 4

A lawyer has the opportunity to testify. iThe testimony relates to a contested issue and does not relate to the nature and value of legal services rendered in the case. The client believes it will really hurt the case if she doesnt. Should she?

Answer 4

Yes. A lawyer is not permitted to act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless:

i) The testimony relates to an uncontested issue;
ii) The testimony relates to the nature and value of legal services rendered in the case; or
iii) Disqualification of the lawyer would work substantial hardship on the client.

MRPC 3.7(a).

Question 5

What are the requirements for entering into business with a client or having a proprietary interest?

Answer 5

A lawyer must not enter into a business transaction with a client or knowingly acquire any interest adverse to a client, UNLESS

1) the terms are fair and reasonable to the client
2) the client is advised in writing of the desirability of seeking independent counsel and is given an opportunity to do so
3) and the client consents in writing to the transaction and its terms after a full written disclosure of the terms and the lawyer’s role in the transaction. MRPC 1.8(a).

Question 6

A lawyer represents a client in a transaction concerning literary property, they agree that the lawyer’s fee will consist of a share in ownership in the story rights at the conclusion of litigation. Discipline?

Answer 6

No, if the arrangement does not result in an unreasonable fee and meets the rules regarding business transactions with a client.

1) the terms are fair and reasonable to the client
2) the client is advised in writing of the desirability of seeking independent counsel and is given an opportunity to do so
3) and the client consents in writing to the transaction and its terms after a full written disclosure of the terms and the lawyer’s role in the transaction. MRPC 1.8(a).

Question 7

A lawyer prepares a will for a friend that gives a substantial gift to her cousin. The cousin and the client are really close. Is this okay?

Answer 7

Yes, related persons include a spouse, child, grandchild, parent, grandparent, or other relative or individual with whom the lawyer or the client maintains a close, familial relationship. MRPC 1.8(c), cmts. 6, 7

Question 8

A client offers the lawyer a more substantial gift beyond a standard of fairness, can the lawyer accept it?

Answer 8

The rule does not prohibit the lawyer from accepting it, but such a gift may be voidable by the client under the doctrine of undue influence, which treats client gifts as presumptively fraudulent. MRPC 1.8(c), cmt. 6.

Question 9

A lawyer must not represent a client if doing so would be directly adverse to the interests of another current 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, unless

Answer 9

: (i) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(ii) the representation is not prohibited by law;
(iii) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
(iv) each affected client gives informed consent, confirmed in writing. MRPC 1.7.

Question 10

A lawyer has a tax client and a mortgage client. A mortgage client wants to see the tax client. Can she do it with informed consent from tax client?

Answer 10

Yes, if its in writing.

Absent informed consent in writing, a lawyer also may not act as an advocate in one matter against a person the lawyer represents in some other matter, even if the matters are wholly unrelated.

Question 11

A lawyer represents soccer team A, soccer team B asks her to represent them. Soccer team A hears about it and says “I do not give you my consent. This will impact my business” Does that lawyer have to abide?

Answer 11

No. simultaneous representation in unrelated matters of clients whose interests are only economically adverse, however, such as representation of competing economic enterprises (two baseball teams, for example) in unrelated litigation, does not ordinarily constitute a conflict of interest and thus may not require consent of the respective clients. MRPC 1.7, cmt. 6.

Question 12

Thus, if a lawyer is asked to represent several persons seeking to form a partnership, the lawyer…

Answer 12

is likely to be materially limited in her ability to recommend or advocate all possible positions that each partner might take because of the lawyer’s duty of loyalty to the others. The mere possibility of subsequent harm, though, does not require disclosure and consent. The lawyer must evaluate the likelihood that a difference in interests will occur and, if so, whether it will materially interfere with the lawyer’s independent professional judgment in considering alternatives that reasonably should be pursued on behalf of the client. MRPC 1.7, cmt. 8.

Question 13

Coparty settlements require

Answer 13

A lawyer representing co-parties may make an aggregate settlement only if each client consents in writing after full consultation and disclosure by the lawyer, including disclosure of the nature and extent of all claims and pleas, and the participation of each party in the settlement. MRPC 1.8(g).

Question 14

A lawyer wants to represent the opponent of a lawsuit that presents a conflict with class member,

Answer 14

Similarly, the lawyer who represents an unnamed class member in an unrelated matter is typically not required to obtain that class member’s consent before representing an opponent in the class action. MRPC 1.7, cmt. 25.

Question 15

If the lawyer commonly handled a type of problem for a former client the lawyer ________ prohibited from later representing another client in a factually different problem of the same type if the subsequent representation involves a position adverse to the prior client.

Answer 15

position adverse to the prior client. MRPC 1.9, cmt. 2.

Question 16

A lawyer learned extensive private financial information about a business client in the ordinary course of representing that client. Can they represent their spouse in divorce?

Answer 16

may not subsequently represent that person’s spouse in seeking a divorce unless informed consent IN WRITING.

Question 17

If a lawyer has terminated an association with a firm, the firm is not prohibited from subsequently representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless:

Answer 17

(i) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and (ii) any lawyer remaining in the firm has confidential information that is material to the matter. MRPC 1.10(b). A client may give informed consent, in writing, to overcome a disqualification.

Question 18

Government lawyers can only represent a client in a matter in which the lawyer participated personally and substantially as a government lawyer if…. (is it imputed to rest of firm?)

Answer 18

the appropriate government agency gives its informed consent, confirmed in writing, to the representation. MRPC 1.11(a).

(Imputed, yes! unless: (i) the disqualified lawyer is timely screened from any participation in the matter and gets no part of any fee from the matter; and (ii) written notice is promptly given to the appropriate government agency to enable it to ascertain whether the lawyer and firm are in compliance with the conflict rules. MRPC 1.11(b).)

**Note that the prohibition applies regardless of whether the lawyer is adverse to the government in attempting to represent the new client. Thus, a lawyer who has pursued a claim on behalf of the government may not pursue the same claim on behalf of a subsequent private client after the lawyer has left government service, except when the government agency gives its informed, written consent.

Question 19

What is a “matter”?

Answer 19

“matter” as including: (i) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties; and (ii) any other matter covered by the conflict of interest rules of the appropriate government agency. MRPC 1.11(e).

Question 20

Duty of confidentiality to prospective client when determining conflicts:

Answer 20

A lawyer may not use or reveal information learned during a discussion with a prospective client to the extent that use or revelation would be prohibited under the rules for former clients. MRPC 1.18(b). Note that the attorney-client privilege may also apply to a confidential communication by the prospective client.

Question 21

If there is a third party…

Answer 21

NEED A WRITING!
A lawyer must not represent a client if there is a significant risk that the representation of the client will be materially limited by the lawyer’s responsibilities to a third person (e.g., as a guardian) unless:

i) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to the client;
ii) The representation is not prohibited by law; and
iii) The client gives consent after consultation, confirmed in writing.

MRPC 1.7(a),(b).

Question 22

Payment From a Third Party (restrictions)

Answer 22

A lawyer may 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 lawyer’s professional judgment; and (iii) client-lawyer confidentiality is preserved. MRPC 1.8(f).

Exam Note: A common exam question involves a parent paying for representation of a son or daughter. Remember that a competent child, not the parent, is the client whose expressed interests govern.

Question 23

May a lawyer represent both the organization and its constituents ?

Answer 23

(e.g., employees) as long as no other conflict exists. If the organization’s consent to the dual representation is required, the consent must be given by an appropriate official within the organization other than the individual who is to be represented, or by the shareholders. MRPC 1.13(g).

Question 24

Can a lawyer representing an org report to OUTSIDE authority?

Answer 24

To authority outside the organization

If the lawyer has reported to the highest authority that can act on behalf of the organization and that authority insists on or fails to address in a timely and appropriate manner an action, or a refusal to act, that is a clear violation of law and the lawyer reasonably believes that the violation is reasonably certain to result in substantial injury to the organization, then the lawyer may reveal information relating to the representation, but only if and to the extent the lawyer reasonably believes necessary to prevent the substantial injury. MRPC 1.13(c).

Question 25

When a lawyer is discharged from an org client what does she have to make sure to do?

Answer 25

A lawyer who reasonably believes that he has been discharged because of his actions in reporting misconduct pursuant to the Model Rules, or who withdraws under circumstances that require or permit him to take action under the Model Rules, must proceed as he reasonably believes necessary to assure that the organization’s highest authority is informed of the lawyer’s discharge or withdrawal. MRPC 1.13(e).

Question 26

SOX- securities lawyer heightened duty to report

Answer 26

NOT actual knowledge, Under the Sarbanes-Oxley Act (SOX), 17 CFR §§ 205.1-205.7, the Securities and Exchange Commission (SEC) established rules of professional conduct for securities lawyers. Securities lawyers practice before the SEC and represent an issuer of securities (publicly-traded corporation). SOX § 307 obligates securities lawyers to report any evidence of reasonably likely material violations of federal or state securities laws to the chief legal officer or both the chief legal officer and chief executive officer within the corporation.

Question 27

Must a securities lawyer report violations of org client directly to SEC?

Answer 27

A securities lawyer MAY report a material violation directly to the SEC without the consent of the client in order to: (i) prevent the client from committing a violation that will cause substantial injury to the corporation or its shareholders; (ii) prevent the client from committing or suborning perjury; or (iii) to mitigate or remedy a financial injury to the client or shareholders.

Question 28

Client waive imputed conflict if

Answer 28

Such a disqualification may be waived by the affected client if: (i) the lawyer reasonably believes that she will be able to provide competent and diligent representation to the affected client; (ii) the representation is not prohibited by law; (iii) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (iv) the affected client gives informed consent, confirmed in writing. MRPC 1.10(c); 1.7.

Question 29

Non-lawyers and law students

Answer 29

If a nonlawyer employee in fact conveys confidential information learned about a client in one firm to lawyers in another, a prohibition on representation by the second firm is warranted. (

The rule of imputed disqualification does not prohibit representation by others in a law firm when the person prohibited from involvement in a matter is a non-lawyer (e.g., paralegal, legal secretary). Such persons, however, must generally be screened from any personal participation in the matter to avoid communication to others in the firm of confidential information that both the non-lawyers and the firm have a legal duty to protect. If a nonlawyer employee in fact conveys confidential information learned about a client in one firm to lawyers in another, a prohibition on representation by the second firm is warranted. (Note that a similar approach is required when a lawyer is prohibited from involvement in a matter because of events before the individual became a lawyer, such as involvement in a matter as a law student.) MRPC 1.10, cmt. 4; Restatement (Third) of the Law Governing Lawyers § 123, cmt. f.

Question 30

No need to get client consent when lawyer with conflict switches firms IF…

Answer 30

Lawyer Changes Firms
If a lawyer switches firms and has a conflict of interest because of the lawyer’s previous representation of a client or the prior law firm’s previous representation of a client pursuant to MRPC 1.9, the disqualified lawyer’s conflict is not imputed to the new law firm if:

i) The disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee;
ii) Written notice is promptly given to any affected former client so that the client can determine if there has been compliance with the Model Rules; and
iii) Certifications of compliance with the Model Rules and with the screening procedures are provided to the former client by the screened lawyer and by a partner at the firm at reasonable intervals, upon written request by the former client, and if the screening procedures are terminated.

MRPC 1.10(a)(2).

Note that if all of the above requirements are met, the former client’s consent is not required.

Question 31

Former arbitrator/mediator now in private practice? How can she represent a party she mediated?

Answer 31

A lawyer may 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.

Question 32

EXCEPTIONS to former arbitration or judicial role for new client conflict:

Answer 32

1) A judge who was a member of a multi-member court which the former judge did not participate.
2) 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. MRPC 1.12, cmt.
3) An arbitrator selected as a partisan of a party in a multi-member arbitration panel is not prohibited from subsequently representing such party. MRPC 1.12(d).

Question 33

Former mediator/arbitrator/judge imputed to firm?

Answer 33

If a lawyer is disqualified for having participated personally and substantially as a judge or other adjudicative officer, law clerk, arbitrator, mediator or other third-party neutral, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless: (i) the disqualified lawyer is timely screened from any participation in the matter and gets no part of the fee; and (ii) written notice is promptly given to the parties and any appropriate tribunal to enable them to determine if the ethics rules have been met. MRPC 1.12(c).

Question 34

Can judges and law clerks negotiate for employment with someone involved in matter?

Answer 34

Judge no. Clerk if judge gives permission.

Question 35

Factors relevant to determining whether a lawyer has the requisite knowledge and skill in a particular matter include:

Answer 35

1) the relative complexity and specialized nature of the matter, the lawyer’s general experience
2) the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. MRPC 1.1, cmt. 1.

3)In some cases, all that is necessary in a case is the proficiency of a general practitioner. Expertise in a particular field of law may be required in some circumstances, however.

Question 36

How can a lawyer get over competency stadandard if no time to prepare?

Answer 36

1) Competent representation can also be provided through the association with a lawyer of established competence in the field if client CONSENTS
2) In an emergency, a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required if referral to or consultation or association with another lawyer would be impractical. Assistance should be limited, however, to what is reasonably necessary under the circumstances. MRPC 1.1, cmt. 3.

Question 37

If you lack competence you must

Answer 37

i) Decline or withdraw from representing the client;
ii) Become competent without unreasonable delay; or
iii) Associate with competent counsel.

Question 38

Does a lawyer need to tell a client shes not competent?

Answer 38

No. A lawyer can accept representation of a client when the lawyer reasonably believes that she can become competent without unreasonable delay without disclosing her lack of competency to the client.

Question 39

Lawyer offers friend services she knows she can’t do that well. Friend consents and says “it’s free so lets do it.”

Answer 39

A client cannot consent to the less than competent representation. Even if the client does “consent” (perhaps because the lawyer’s services are offered at a low fee or because of friendship), the lawyer providing incompetent services is subject to discipline.

Question 40

Must a lawyer press for every possible advantage that might be realized for a client?

Answer 40

No.

Question 41

Is a lawyer required to pursue appeal?

Answer 41

Whether the lawyer is obligated to prosecute an appeal for a client depends on the agreed-upon scope of the representation. I

Question 42

Duty of Solo Practitioner

Answer 42

PREPARE A PLAN. In order to prevent neglect of client matters in the event of death or disability of a sole practitioner, the practitioner should prepare a plan, in conformity with applicable rules, that designates another competent lawyer to review client files, notify each client of the lawyer’s death or disability, and determine whether there is a need for immediate protective action. MRPC 1.3, cmt. 5.

Question 43

Due process rights of lawyer at professional discipline:

Answer 43

The accused lawyer is entitled to notice, counsel, and an opportunity to be heard, and also has the right to introduce evidence and cross-examine witnesses. The burden of proof is on the party

Question 44

Difference between discipline and malpractice

Answer 44

Keep in mind that, unlike a successful malpractice action, violation of a rule of professional responsibility does not require a finding that a client has been harmed. MRPC, Scope, cmt. 20.

Question 45

Is violation of a rule negligence per se?

Answer 45

No. It is not negligence per se. Violation of a rule is, however, generally treated as evidence that the lawyer’s conduct violated the duty of care.

Question 46

Malpractice theories

Answer 46

A. Breach of contract for not fulfilling a duty

A lawyer can be found liable for malpractice for breaching an express or implied agreement with a client. Restatement (Third) of the Law Governing Lawyers § 55.

b. Breach of the fiduciary relationship between the lawyer and the client

Malpractice can be found for a lawyer’s breach of fiduciary duties owed to a client, such as loyalty, confidentiality, honesty, and fair dealing. Fiduciary duties may also arise when a lawyer acts in another capacity, such as trustee, executor, or escrow agent. Restatement (Third) of the Law Governing Lawyers §§ 48, cmt. d; 56, cmt. h.

c. Intentional tort

A lawyer may be liable for malpractice for intentional torts including fraud, intentional infliction of emotional distress, malicious prosecution, and abuse of process. Restatement (Third) of the Law Governing Lawyers § 56, cmts. f, g.

d. Negligence

Negligence is the most commonly asserted malpractice theory and is discussed immediately below in detail.

Question 47

grounds for negligence malpractice claim?

Answer 47

a. Duty of care

A lawyer owes a duty of care to the client. The duty of care is generally the

1) competence
2) diligence exercised by lawyers of similar experience under similar conditions.
3) Unless properly disclaimed, a lawyer must exercise any special skill he has.
4) If a lawyer represents to the client that he has specialized expertise, the lawyer is held to the standard of care of a specialist.

Question 48

A lawyer is not subject to liability for malpractice for failing to act

Answer 48

in a manner that the lawyer reasonably believes is prohibited by law, court order, or a professional rule.

Question 49

Vicarious Liability

Answer 49

1) A law firm may be civilly liable for compensatory damages resulting from an injury caused by the wrongful conduct a PRINCIPAL OR EMPLOYEE (e.g., partner) who was acting in the ordinary course of the firm’s business or with actual or apparent authority. Restatement (Third) of the Law Governing Lawyers § 58(1), cmt. f.

2) Partnership (OFFICIAL ASSETS)
If the law firm is a general partnership, the partners are also jointly and severally liable with the firm. Restatement (Third) of the Law Governing Lawyers § 58(2), cmt. c.

Individual partners need not be named in a suit against the partnership in order to collect a judgment out of partnership assets. However, a judgment against a partnership is not a judgment against its partners. Unless there is also a judgment against the partner, a judgment against a partnership cannot be satisfied from a partner’s assets, only from the partnership’s assets. Revised Uniform Partnership Act § 307(a-c), inc. cmts. 2, 3.

Question 50

WHEN can individual partner assets in partnership be used for vicarious liability?

Answer 50

Even though a partner is personally liable for a partnership obligation, a partnership creditor generally must exhaust the partnership’s assets before levying on the partners’ personal assets. Exceptions exist when the partnership is a debtor in bankruptcy, the partner has consented, or the partner is liable independent of the partnership, such as when the partner was the primary tortfeasor. In addition, a court may authorize execution against a partner’s assets when the partnership’s assets are clearly insufficient, exhaustion of the partnership’s assets would be excessively burdensome, or it is otherwise equitable to do so. Revised Uniform Partnership Act § 307(d); Restatement (Third) of the Law Governing Lawyers § 58(2), cmt. g.

Question 51

Limiting v. settling malpractice claims (requirement for representation)

Answer 51

5. Limiting Malpractice Recovery
   A lawyer may not enter into an agreement with a client prospectively limiting malpractice liability to the client, unless the client is represented by another independent lawyer in making the agreement. MRPC 1.8(h)(1). See V.D.4. Promise to limit malpractice recovery, supra.
6. Settlement of Malpractice Claims
   A lawyer may not settle a claim or potential claim for malpractice liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking independent legal counsel with regard to the settlement and is given a reasonable opportunity to seek such advice. MRPC 1.8(h)(2).

Question 52

When you can be liable for tort to NON-CLIENT!

Answer 52

they REASONABLY relied on you and you didnt tell them not to!

Under certain circumstances, a lawyer may owe a duty to a non-client when the non-client has been invited to rely on the opinion or legal services of the lawyer. A lawyer owes a duty to use care to a non-client when and to the extent that: (i)the lawyer or, with the lawyer’s acquiescence, the lawyer’s client, invites the non-client to rely on the opinion of the lawyer or the lawyer’s provision of other legal services; (ii) the non-client so relies; and (iii) the non-client is not, under applicable tort law, too remote from the lawyer to be entitled to protection. (See § VIII.B.2, Lawyer as Evaluator, infra.) A lawyer may avoid liability by making clear that any opinion or representation is directed only to the client and should not be relied on by others. Restatement (Third) of the Law Governing Lawyers §51(2).

Question 53

An attorney is designated by an insurance company to defend the insured party in a civil suit. The attorney negligently fails to oppose a motion for summary judgment against the insured party, and the insurance company is then required to pay the subsequent adverse judgment. The insurance company has a claim against the attorney for any proximately caused loss. Who can file tort claim for reliance?

Answer 53

Both the insurance company and the insured party have a reasonable expectation under the insurance contract that the attorney’s services will benefit both the insurer and the insured. No duty would arise, however, if it would significantly impair, under the circumstances of the representation, the attorney’s obligations to the insured party.

Question 54

An attorney represents a client in her capacity as the trustee of an express trust for the benefit of a beneficiary. The client tells the attorney that she intends to transfer trust funds into her personal account under circumstances that would constitute embezzlement under state law. The attorney tells the client that the transfer would be criminal, but the client transfers the funds, and shortly thereafter the attorney learns of this transfer. The attorney takes no steps to rectify the consequences, such as informing the beneficiary or the court to which the client, as trustee, is required to make an annual accounting. The state’s professional responsibility rules do not forbid such disclosures.

Answer 54

The funds are subsequently lost, to the beneficiary’s detriment. The attorney is subject to liability to the beneficiary.

Question 55

Defenses to defamation action of non-client

Answer 55

1) Defamation

A lawyer has an absolute defense to a defamation action for the publication of a matter relating to a non-client if:

i) The publication occurs in communications initiating or made during the course of legal proceedings or preliminary to a reasonably anticipated legal proceeding;
ii) The lawyer participates as counsel in the proceedings;
iii) The matter is published to someone who may be involved in the proceedings; and
iv) The publication has some relation to the proceedings.

Restatement (Third) of the Law Governing Lawyers § 57(1).

Question 56

Wrongful use of civil proceedings or malicious prosecution. Liable?

Answer 56

A lawyer representing a client in a civil proceeding or procuring the institution of criminal proceedings for a client is not liable to a non-client for wrongful use of civil proceedings or for malicious prosecution if the lawyer has probable cause for acting, or if the lawyer acts primarily to help the client obtain a proper adjudication of the client’s claim in that proceeding. Restatement (Third) of the Law Governing Lawyers § 57(2).

Question 57

A lawyer is not subject to liability for interference with a contractual or prospective contractual relationship if

Answer 57

the lawyer acts to advance the client’s objectives without using wrongful means, such as threatening an unfounded criminal prosecution. Generally, a lawyer does not incur civil liability for advising a client not to enter into a contract or to breach an existing contract, or for assisting a client in such a breach, for example, by sending a letter that states the client’s intention not to perform the contract. If the lawyer has the purpose of promoting the client’s welfare, then it is immaterial that the lawyer also hopes to benefit. Restatement (Third) of the Law Governing Lawyers §57(3).

Question 58

Liability for contracts entered on client’s behalf

Answer 58

a. Undisclosed principal

b. Contracts for goods or services normally provided to lawyers

Question 59

Liability for contracts entered on client’s behalf

Answer 59

a. Undisclosed principal

b. Contracts for goods or services normally provided to lawyers
c. Liability for unauthorized acts

A lawyer is subject to liability to a third person for damages for loss proximately caused by the lawyer’s acting without authority from the client if:

i) The lawyer tortiously misrepresents to the third person that the lawyer has authority to make a contract, conveyance, or affirmation on behalf of the client and the third person reasonably relies on such misrepresentation; or
ii) The lawyer purports to make a contract, conveyance, or affirmation on the client’s behalf, unless the lawyer manifests that he does not warrant that he is authorized to act or the third person knows that the lawyer is not authorized to act.

Question 60

Criminal liabiltiy. how do you get out of it?

Answer 60

A lawyer is generally guilty of a crime committed in the course of representing a client to the same extent and on the same basis as a non-lawyer acting in a similar manner. In order to ascertain whether a lawyer’s conduct constitutes a crime, the lawyer’s compliance or failure to comply with the applicable rules of professional conduct is relevant. A lawyer who advises a client as to activities that constitute a crime is not criminally liable when the client commits the crime if the lawyer did not know of the client’s intended use of the advice or the lawyer attempted to dissuade the client from committing the crime. Restatement (Third) of the Law Governing Lawyers § 8.