Former client conflicts and lawyers revolving doors. "successive conflicts"

Question 1

in general dont need to memorize rule # for exam

Answer 1

ok

Question 2

1.9 duties to former clients

Answer 2

balance new and former clients interests

Question 3

former client interests

Answer 3

will lawyer betray confidences? will lawyer challenge work product? will lawyer be disloyal?

Question 4

new client concerns:

Answer 4

will lawyer be diligent, will lawyer decline to use information, will lawyer be later disqualified

Question 5

Starting point for analyzing

Answer 5

1. Current clients? 1.7 applies

or former clients 1.9 applies

Question 6

if former clients. aanalysis:

Answer 6

2. Analyze under 1.9
   a. Is the new matter same/substantially similar to previous one?
   b. Is yes, are new client interest materially adverse to the interest of the former client.
   c. If yes, only rep with informed consent in writing.

Question 7

sub relationship test

Answer 7

a. Is there sub risk that lawyer in representing 1st matter would normally obtain confidential factual info that would materially advantage to the client’s position in the second matter

Question 8

1.9 prohibits use of former clients confidential info.

Answer 8

a. Shouldn’t use info. Related to the rep. or to the disadvantage of the former client unless the rules permit or when the informaton is generally known OR
b. Shall not reveal information related unless rules permit/REQUIRE

Question 9

sucessive conflictrules

Answer 9

1. apply when a new clients interest conflict with former client interest
2. less restrictive than rule sthat apply to concurrent conflicts
3. for application lawyer prefer to have clients qualify as former clinets rather then current clients.