D. Prospective Client Conflicts

Question 1

When must Lawyer (and other Lawyers in Firm) NOT represent Other Client if there is conflict of interest with Prospective Client?*

Answer 1

1) Other Client is in same/substantially related matter!!!
2) Lawyer acquired confidential info from Prospective Client during consultation => May significantly harm Prospective Client!!!

Question 2

What is required for Lawyer to waive conflict of interest with Prospective Client?*

Answer 2

1) Other Client + Prospective Client give informed consent!!!
2) In writing!!!

1) Prove Lawyer took care to ‘avoid exposure to more confidential info than necessary’ for Prospective Client representation!!!
2) Prove Lawyer is ‘timely screened from matter’ + NOT to share fee!!!
3) Written notice to Prospective Client!!!