Final

Question 1

Declining or Terminating Representation

Answer 1

Rule 1.16

Question 2

Main Reason for having a rule or concern w/ conflicts is

Answer 2

Loyalty + Confidential Information

Question 3

Conflicts 1st step Analysis + Evaluate / Analyze Conflicts from All 3 perspectives

Answer 3

if not clear - then determine first if current or former client  
- Was it terminated ? 1.16
\+ 
1) Lawyer
2) Client 
3) Opposing Lawyer

Question 4

R 1.16 a lawyer may withdraw from representing a client if:

Answer 4

the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent

Question 5

Conflict of Interest: Current Clients

Answer 5

Rule 1.7:

Question 6

R 1.7 A concurrent conflict of interest exists if:

Answer 6

(1) the representation directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
- - ** this is NOT just between 2 current clients , also former clients, 3rd person, personal interest ** –

Question 7

If A concurrent conflict of interest exists - a lawyer may represent a client if: Is it Consentable ?

Answer 7

a. R.1.7 (b)(4) each affected client gives informed consent, confirmed in writing
b. Can’t be same litigation
c. No informed Consent = No go forward
d. Consent CAN BE revoked
e. Can get ADVANCE informed consent

Question 8

Imputation of Conflicts of Interest: General Rule -to FIRM

Answer 8

Rule 1.10

Question 9

Positional Conflicts Cmntt [24]
Ordinarily May a lawyer may take inconsistent legal positions in different tribunals at different times on behalf of different clients ?

Answer 9

Yes but
A conflict of interest exists if there is a significant risk that a lawyer’s action on behalf of one client will materially limit the lawyer’s effectiveness in representing another

Question 10

R 1.8 - payment for services

Answer 10

A lawyer shall not accept compensation for representing a client from one other than the client

Question 11

Conflicts Involving Former Clients

Answer 11

R 1.9 - Mainly confidentiality and Loyalty

- ALL ARE CONSENTABLE

Question 12

R 1.9 Conflicts Involving Former Clients

Answer 12

shall not represent another in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client

Question 13

R 1.9 Conflicts Involving Former Clients / Former Firm

Answer 13

Firm with which the lawyer formerly was associated had previously represented a client

(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had (actually) acquired information protected that is material to the matter; unless the former client gives informed consent,

Question 14

R1.9 lawyer whose present or former firm has formerly…represented a client in a matter shall not thereafter

Answer 14

1. use info to disadvantage of former clients

2. reveal info

Question 15

Between Lawyer + Client Fees

Answer 15

Rule 1.5: Fees = unreasonable fees / costs

Question 16

Current Clients: Specific Rules - Fees / Business

Answer 16

Rule 1.8:

1) A= Business transactions w/ client or knowingly acquire ownership adverse to client
2) B = shall not use info relating to representation to disadvantage to that client
3) Not solicit substantial gift

Question 17

Safekeeping Property

Answer 17

Rule 1.15: Fiduciary duties

Question 18

Rule 3.1: Meritorious Claims + Contentions

Answer 18

1) The counterpart in Civ Pro = Rule 11
2) Frivolous Claims Rule
Comment #1 - allowed to make “good faith “ argument for extending or changing the law

Question 19

Candor to Tribunal

Answer 19

Rule 3.3:

• false statement of fact or law to a tribunal or fail to correct a false statement
• fail to disclose legal authority in the controlling jurisdiction

Question 20

Fairness to Opposing Party + Counsel

Answer 20

Rule 3.4: A lawyer shall not:

(a) unlawfully obstruct another party’ s access to evidence or unlawfully alter, destroy or conceal a document
(b) = paying a witness
(f) = Former Employees get different treatment

Question 21

Truthfulness in Statements to Others - FRAUD

Answer 21

Rule 4.1:

Question 22

Communication with Person Represented by Counsel

Answer 22

Rule 4.2:

Question 23

Dealing with Unrepresented Person

Answer 23

Rule 4.3:

Question 24

Professional Independence

Answer 24

Rule 5.4:

i. Can’t share legal fees
ii. Can’t partner w/ non-lawyer

Question 25

Advertising

Answer 25

R 7.1…etc