F. Acquiring an Interest in Litigation

Question 1

Is Lawyer allowed to represent conflicting co-parties in criminal/civil litigation?

Answer 1

Criminal litigation
- NO

Civil litigation

1) Lawyer must conclude effectively able to represent co-parties
2) Co-parties give informed consent in writing

Class actions
- YES

Question 2

How may conflict of interest be determined in non-litigation matters?

Answer 2

• Length + Intimacy of Lawyer’s relationship with Clients
• Lawyer’s functions to be performed
• Likelihood + Possible effect of actual conflict between Clients’ interests

Question 3

What is required for Lawyer to represent conflicting Clients in non-litigation matters?

Answer 3

1) Lawyer must conclude effectively able to represent Clients
2) BOTH Clients give informed consent in writing

Question 4

Is info of opposing former clients in litigation protected by attorney-client privilege?

Answer 4

NO

- Lawyer must explain disclosure of Client’s info to other Client before undertaking multiple representation

Question 5

When may Lawyer acquire proprietary interest in cause of action/subject matter of litigation?*

Answer 5

Lien authorised by law!!!
- For purpose of securing Lawyer’s fee/expenses

Civil case!!!

• For purpose of contracting with Client
• For reasonable contingent fee