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Ethics > Defenses to Conflict of Interest > Flashcards

Defenses to Conflict of Interest Flashcards

1
Q

Defense to Conflict of Interest

A

Consent of Both Clients

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2
Q

Consent by Former Client

A

Former client can always give consent to waive duty of confidentiality after a full disclosure.

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3
Q

Consent by Current Client

A

Current client cannot consent to waive duty of confidentiality, BUT can waive duty of loyalty.

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4
Q

Requirements for Consent

A

Writing, clearly identifying clients and attorney’s role. Must discuss risk of adverse use, and zeal, RECOMMEND Independent Counsel.

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Ethics (14 decks)

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