Lawyer v. Client Conflicts

Question 1

Business Transactions

Answer 1

If Att. and Client have differing interests in business transaction, and if client expects Att. to exercise professional judgment in transaction for protection of client ATT. MAY NOT accept representation, if Att.’s judgment will be affected by ATT.’s financial, business, property or personal interests.

Question 2

Exceptions to Business Transaction Rule

Answer 2

Terms of transaction are fair and reasonable to client; terms are fully disclosed and transmitted to client in a manner that can be reasonably understood; client MUST BE ADVISED in writing and given opportunity to seek independent legal advice. Client must give Consent in writing Both to essential terms and Att. Role

Question 3

Use of Client Information by Attorney

Answer 3

May not use information relating to representation to DISADVANTAGE CLIENT, except as permitted by law or by Client’s informed consent after full disclosure

Question 4

Receiving Gifts from Client

Answer 4

Att. may not solicity any substantial gift from client or prepare an instrument giving lawyer OR HIS RELATIVES a substantial gift UNLESS: Attorney or recipient is related to client.

Question 5

Media Rights

Answer 5

During representation: Attorney SHALL NOT make agreement giving Attorney literary or media rights to an account based on representation.

Question 6

Advancing Money to Client

Answer 6

Other than litigation expenses, Attorney may not provide financial assistance to client

Question 7

Fees Paid By 3rd Party

Answer 7

This is valid as long as: client provides informed consent, no interference with professional relationship AND confidential information is protected.

Question 8

Acquiring Interest in Litigation

Answer 8

Attorney may not acquire proprietary interest in cause of action.

EXCEPTION: for a lien to secure payment, or contract for contingent fees

Question 9

Lawyer As Witness: If likely to testify for Client Attorney Cannot Testify Except if Testimony Relates to

Answer 9

Uncontested Matter, Nature and Value of Services, Disqualification Would Cause Substantial Hardship, Attorney is Pro Se, Attorney may remain as advocate if witness is another member of firm.

Question 10

Lawyer As Witness: Testifying Not At Request of Client

Answer 10

After starting if Att. or member of firm learns that it is obvious that Att. or Firm Member may be called as witness other than on behalf of client.

Att. may continue in representation until it is apparent that Att. testimony is or may be prejudicial

Question 11

Sexual relationship with Client

Answer 11

Att. may not have sexual relations with current client, UNLESS sexual relations were pre-existing before representation.