MPRE Flashcards

Question

Conflict of Interest: Financial Assistance (Exception for Pro Bono Clients)

Answer 1

A lawyer handling a pro bono case for a client who is indigent (or representing such a client on a pro bono basis through a legal services organization or clinical program) may give the client modest gifts for food, rent, transportation, medicine, or other basic living expenses. The lawyer may NOT: 1) Promise or imply the availability of such gifts prior to the retention; 2) Seek or accept reimbursement from the client or anyone affiliated with the client; or 3) Publicize a willingness to provide such gifts to prospective clients.

Answer 2

A lawyer must not enter into a business transaction with a client or knowingly acquire any interest adverse to the client unless: 1) The transaction and its terms are fair and reasonable to the client; 2) The transaction and its terms are fully disclosed in writing in a manner that can be reasonably understood by the client; 3) The client is advised in writing of the desirability of seeking independent counsel and is given a reasonable opportunity to do so; and 4) The client consents in writing to the transaction, its terms and the lawyer's role in the transaction. --Note: The rule does not apply to standard commercial transactions between the lawyer and the client for products or services that the client generally markets to others.

Answer 3

Prior to the conclusion of representation, a lawyer is prohibited from making or negotiating an agreement that gives the lawyer literary or media rights if the rights are to a portrayal or account based in substantial part on information relating to the client’s representation. The rule does not prohibit a lawyer who represents a client in a transaction concerning literary property from agreeing that the lawyer’s fee will consist of an ownership share of the property, provided that the arrangement (i) does not result in an unreasonable fee and (ii) meets the rules regarding business transactions with a client

Answer 4

A lawyer may not solicit a substantial gift from a client or prepare any instrument (such as a contract, will, trust agreement, or deed) that gives a substantial gift to the lawyer or a person related to the lawyer, unless the client is related to the donee. --“Related persons” include a spouse, child, grandchild, parent, grandparent, or other relative or individual with whom the lawyer or the client maintains a close, familial relationship

Answer 5

A lawyer may accept an unsolicited gift from a client if the transaction meets general standards of fairness. For example, a simple gift such as a present given on a holiday or as a token of appreciation is permitted. If a client offers the lawyer a more substantial gift the rule does not prohibit the lawyer from accepting it, but such a gift may be voidable by the client under the doctrine of undue influence, which treats client gifts as presumptively fraudulent.

Answer 6

A lawyer is prohibited from making an agreement that prospectively limits malpractice liability to a client unless the client is represented by an independent lawyer in making the agreement. --Merely advising a client to seek the counsel of an independent lawyer is NOT sufficient to satisfy this exception to the prohibition on an agreement to limit a malpractice recovery. The client must be represented by such a lawyer in making the agreement. --This provision does not require the agreement to be in writing or signed by the client. --An agreement to submit a future malpractice dispute to arbitration is NOT treated as a prospective limit on malpractice liability; such an agreement is permitted when the client is informed as to the scope and the effect of the arbitration clause.

Answer 7

The Model Rules prohibit a lawyer from settling a malpractice claim with an unrepresented client or former client unless the client is ADVISED IN WRITING to seek independent legal counsel. The lawyer is required to give the client a REASONABLE OPPORTUNITY TO CONSULT with independent legal counsel before settling the claim.

Answer 8

A lawyer must not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: 1) Representation of one client would be directly adverse to the interests of another client; or 2) There is a significant risk that the representation of the client will be materially limited by the lawyer’s personal interests or responsibilities to another client, a former client, or a third person.

Answer 9

Despite the general prohibition, a lawyer may represent a client despite a concurrent conflict of interest if: 1) The lawyer REASONABLY BELIEVES that he will be able to provide competent and diligent representation to each affected client; 2) The representation is not PROHIBITED BY LAW; 3) The representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the SAME LITIGATION or other proceeding before a tribunal; and 4) Each affected client gives INFORMED CONSENT, confirmed IN WRITING.

Answer 10

Under no circumstances may a lawyer represent OPPOSING PARTIES in the same lawsuit. Absent INFORMED CONSENT IN WRITING, a lawyer may not act as an advocate in one matter against a person the lawyer represents in some other matter, EVEN IF THE MATTERS ARE WHOLLY UNRELATED. -Directly adverse conflicts can also arise in transactional matters. Thus, if a lawyer represents the potential buyer of a business in negotiations with the seller, the lawyer cannot represent the seller against the buyer in an unrelated matter without the informed consent of each client, confirmed in writing. -Direct adversity requires a conflict as to the legal rights and duties of the clients, not merely conflicting economic interests

Answer 11

A lawyer who has previously represented a client in a matter must not subsequently represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client, unless the former client gives informed consent, confirmed in writing.

Answer 12

A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter is not permitted to reveal information relating to the representation of the former client except when permitted or required by the Model Rules. In addition, a lawyer is not permitted to use information relating to the representation to the disadvantage of the former client, except when the Model Rules so require or permit, or when the information has become generally known. --The former client can waive this requirement through informed consent, confirmed in writing.

Answer 13

A lawyer is not permitted to knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer was formerly associated had previously represented a client if: i) The client’s interests are materially adverse to that person; and ii) The lawyer had acquired confidential information about the client that is material to the matter --Note: The former client may give informed consent, confirmed in writing, to permit such representation, however.

Answer 14

If a lawyer has terminated an association with a firm, the firm is not prohibited from subsequently representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm unless: 1) The matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and 2) Any lawyer remaining in the firm has confidential information that is material to the matter. --Note: The client may give informed consent, confirmed in writing, to overcome the firm’s disqualification

Answer 15

The Rules prohibit a former government lawyer from representing a client in a matter in which the lawyer participated personally and substantially as a government lawyer, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation. --Note: The prohibition applies regardless of whether the lawyer is adverse to the government in attempting to represent the new client. Thus, a lawyer who has pursued a claim on behalf of the government may not pursue the same claim on behalf of a subsequent private client after the lawyer has left government service, except when the government agency gives its informed, written consent.

Answer 16

If a former government lawyer is disqualified from representation, no lawyer in the firm with which the former government lawyer is associated may knowingly undertake or continue representation in the matter unless: i) The disqualified lawyer is timely screened from any participation in the matter and gets no part of any fee from the matter; and ii) Written notice is promptly given to the appropriate government agency to enable it to determine whether the lawyer and firm are in compliance with the conflict rules.

Answer 17

A lawyer may not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter. Exceptions: 1) If the affected and prospective clients each give informed consent, confirmed in writing; 2) Limited exposure (no more than necessary to determine whether to represent the prospective client), screening (and gets no part of the fee), and written notice to the prospective client.

Answer 18

A lawyer must not represent a client if there is a significant risk that the representation of the client will be materially limited by the lawyer’s responsibilities to a third person (e.g., as a guardian) unless: 1) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to the client; 2) The representation is not prohibited by law; and 3) The client gives consent after consultation, confirmed in writing.

Answer 19

A lawyer may not accept payment for representation from someone other than the client unless: i) The client gives informed consent; ii) There is no interference with the lawyer’s professional judgment; and iii) Client-lawyer confidentiality is preserved. --Note: A common exam question involves a parent paying for a lawyer’s representation of a son or daughter. Remember that a competent child, not the parent, is the client whose expressed interests govern.

Answer 20

A lawyer employed or retained to represent an organization (e.g., corporation) represents the organization acting through its duly authorized constituents (e.g., employees, officers, directors). An organizational lawyer owes the duties of loyalty and confidentiality to the organization. -- In dealing with an organization’s constituents (e.g., directors, officers, employees, members, shareholders), a lawyer must explain the identity of the client when the lawyer knows or reasonably should know that the organization’s interests are adverse to those of the constituents with whom the lawyer is dealing. -- A lawyer may represent both the organization and its constituents (e.g., employees) as long as no other conflict exists. If the organization’s consent to the dual representation is required, the consent must be given by an appropriate official within the organization other than the individual who is to be represented, or by the shareholders.

Answer 21

Upon learning of an action (or intent to act or refusal to act) by a person associated with the organization (e.g., employee, officer, director) that will LIKELY cause substantial injury to the organization, the lawyer must proceed as is reasonably necessary in the best interest of the organization. 1) Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer must refer the matter to higher authority in the organization, including, if warranted by the circumstances, to the highest authority that can act on behalf of the organization as determined by applicable law. 2) If the lawyer has reported to the highest authority that can act on behalf of the organization and that authority insists on or fails to address an action, or a refusal to act, that is a clear violation of law and the lawyer reasonably believes that the violation is REASONABLY CERTAIN to result in substantial injury to the organization, then the lawyer may reveal information relating to the representation, but only if and to the extent the lawyer reasonably believes necessary to prevent the substantial injury. --Note: Note that the SEC rule requires that the violation merely be “reasonably likely,” whereas MRPC 1.13 requires actual knowledge of a material violation.

Answer 22

If one lawyer in a firm is prohibited by the conflict-of-interest rules from representing a client, that prohibition applies to all other lawyers in the firm. Such a disqualification may be waived by the affected client if: i) The lawyer reasonably believes that she will be able to provide competent and diligent representation to the affected client; ii) The representation is not prohibited by law; iii) The representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and iv) The affected client gives informed consent, confirmed in writing.

Answer 23

If a lawyer switches firms and has a conflict of interest because of the lawyer’s previous representation of a client or the prior law firm’s previous representation of a client, the disqualified lawyer’s conflict is not imputed to the new law firm if: i) The disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee; ii) Written notice is promptly given to any affected former client so that the client can determine if there has been compliance with the Model Rules; and iii) Certifications of compliance with the Model Rules and with the screening procedures are provided to the former client by the screened lawyer and by a partner at the firm at reasonable intervals, upon written request by the former client, and if the screening procedures are terminated. --Note: The notice provided to the affected former client must describe the screening procedures used, state compliance with the confidentiality provisions of the Model Rules by the disqualified lawyer and the firm, indicate that review before a tribunal may be available, provide that the firm will respond promptly to any written questions or objections by the client about the screening procedures.

Answer 24

If the prohibition is based on a personal interest of the disqualified lawyer and does not present a significant risk of materially limiting the representation of the client by the remaining lawyers in the firm, the disqualified lawyer’s conflict is not imputed to the firm. --Disqualification arising from a close family relationship is considered personal and ordinarily is not imputed to other members of the firm. --If a lawyer is involved in a sexual relationship with the client, the Model Rules provide that the resulting conflict is personal to the lawyer; the prohibition is not applied to associated lawyers in the firm.

Answer 25

A lawyer may not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, law clerk, arbitrator, mediator, or other third-party neutral, unless ALL PARTIES to the proceeding give informed consent, confirmed in writing. --Note: Conflicts based on service as a third-party neutral apply only to representation in connection with the SAME MATTER in which the lawyer participated as a judge, law clerk, or third-party neutral.

Answer 26

The client must demonstrate that she suffered actual and redressable harm or injury, such as money that was lost as a result of losing the case due to the lawyer’s actions. A cause of action for malpractice generally accrues when the client suffers actual damages. For litigation-based malpractice claims, a cause of action for malpractice does not accrue until the final judgment is rendered; prior to final judgment, any alleged injury is merely speculative.

Answer 27

Under the attorney judgment rule, mere errors in judgment by an attorney are generally not grounds for a malpractice action when the attorney acts in good faith and exercises reasonable care, skill, and diligence. Under this rule, an attorney’s selection of one among several reasonable courses of action generally does not constitute a breach of the duty of care. --A lawyer is not subject to liability for malpractice for failing to act in a manner that the lawyer reasonably believes is prohibited by law, court order, or a professional rule.

Answer 28

A law firm may be civilly liable for compensatory damages resulting from an injury caused by the wrongful conduct of a principal (e.g., partner) or an employee of the firm who was acting in the ordinary course of the firm’s business or with actual or apparent authority. --If the law firm is a general partnership, the partners are also jointly and severally liable with the firm. However, a judgment against a partnership is not a judgment against its partners. Unless there is also a judgment against the partner, a judgment against a partnership cannot be satisfied from a partner’s assets. The judgment can be satisfied only from the partnership’s assets. --Even though a partner is personally liable for a partnership obligation, a partnership creditor generally must exhaust the partnership’s assets before levying on the partners’ personal assets.

Answer 29

A lawyer may not enter into an agreement with a client prospectively limiting malpractice liability to the client unless the client is represented by another independent lawyer in making the agreement.

Answer 30

A lawyer may not settle a claim or potential claim for malpractice liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking independent legal counsel with regard to the settlement and is given a reasonable opportunity to seek such advice.

Answer 31

A lawyer representing a client in a civil proceeding or procuring the institution of criminal proceedings for a client is not liable to a nonclient for wrongful use of civil proceedings or for malicious prosecution if: i) The lawyer has probable cause for acting; or ii) The lawyer acts primarily to help the client obtain a proper adjudication of the client’s claim in that proceeding.

Answer 32

FRCP 11 imposes sanctions for filing frivolous pleadings and motions (other than a discovery request or response) and taking frivolous positions. FRCP 11 also provides protection against sanctions if an attorney withdraws or corrects contentions after a potential violation is called to the attorney’s attention. By presenting to the court a pleading, written motion, or other paper, a lawyer certifies that to the best of his knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: i) The paper is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; ii) The claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; iii) The factual contentions have evidentiary support or, if identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and iv) The denials of factual contentions are warranted on the evidence or if identified, are reasonably based on belief or a lack of information.

Answer 33

A lawyer is prohibited from knowingly offering false evidence and may refuse to offer evidence that the lawyer reasonably believes is false. A lawyer cannot ignore an obvious falsehood but should resolve all doubts about truthfulness in favor of the client.. Additionally, when a lawyer represents a client in an adjudicative proceeding and knows that a person intends to engage, is engaging, or has engaged in criminal or fraudulent conduct related to the proceeding, the lawyer is required to take reasonable remedial measures, including, if necessary, disclosure to the tribunal. -- If the lawyer’s compliance with the duty of candor results in such an extreme deterioration of the client-lawyer relationship that the lawyer can no longer competently represent the client, the lawyer must seek permission to withdraw from representation. -- If withdrawal from the representation is not permitted or will not undo the effect of the false evidence, the lawyer must make such disclosure to the tribunal as is reasonably necessary to remedy the situation, even if doing so requires the lawyer to reveal information otherwise protected as confidential by the Model Rules.

Answer 34

Because of the special protections that have historically been provided to criminal defendants, the Model Rules do not permit a lawyer to refuse to offer the testimony of such a client when the lawyer reasonably believes but does not know that the testimony will be false. Unless the lawyer knows the testimony will be false, the lawyer must honor the client’s decision to testify. If a lawyer knows the client’s testimony is or will be false, the lawyer is required to take remedial measures. --The lawyer should confidentially attempt to dissuade the client from testifying falsely or attempt to persuade the client to correct the false statement. If the client refuses, the lawyer must take further remedial action. If withdrawal from the representation is not permitted or will not undo the effect of the false evidence, the advocate must make such disclosure to the tribunal as is reasonably necessary to remedy the situation, even if doing so requires the lawyer to reveal information otherwise protected by the lawyer’s duty of confidentiality.

Answer 35

During a proceeding a lawyer is not permitted to communicate ex parte (i.e., without the other party or that party’s lawyer present) with persons serving in an official capacity in the proceeding, such as judges, masters, or jurors, unless authorized to do so by law or court order. Ex parte communications in knowing anticipation of a proceeding also violate this rule. --The rule against ex parte communication applies regardless of who initiates the communication. Moreover, the rule applies even if the communication does not involve the merits of the case. However, if a copy of a written communication is also sent to the other party or that party’s representative, the communication generally is not ex parte. --Even if the communications are about “housekeeping” matters that do not involve the merits of the case or emergency communications authorized by law or court order (e.g., emergency restraining orders), the communications are not permitted under the MRPC unless authorized by law or court order.

Answer 36

A lawyer who is participating or has participated in the investigation or litigation of a matter is not permitted to make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. --Exception: A lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity that was not initiated by the lawyer or the lawyer’s client. Such a statement must be limited to such information as is necessary to mitigate the recent adverse publicity.

Answer 37

In general, a lawyer who serves as a third-party neutral may not subsequently serve as a lawyer representing a client in the same matter, unless all parties give their informed consent, confirmed in writing.

Answer 38

A prosecutor is not permitted to subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes that: i) The information sought is not protected from disclosure by any applicable privilege; ii) The evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and iii) There is no other feasible alternative to obtain the information.

Answer 39

The prosecutor has an obligation to disclose to the appropriate court or authority any new, credible, and material evidence creating a reasonable likelihood that a convicted defendant did not commit the offense for which the defendant was convicted. --A prosecutor must seek to remedy a conviction of a defendant in the prosecutor’s jurisdiction when the new exculpatory evidence is clear and convincing. --As long as the prosecutor makes an independent judgment in good faith that the evidence does not require action, a safe-harbor exception applies, and the prosecutor will not be subject to professional discipline for failing to act on evidence learned after a conviction.

Answer 40

In general, a lawyer must not commingle a client’s funds with the lawyer’s own funds. A client’s funds must be kept in a separate client trust account maintained in the state where the lawyer’s office is situated, unless the client consents to another location. --There may be times, when due to the amount of money or the length of time a client’s funds might be in the lawyer’s possession, the client would benefit from the creation of separate trust account. --In such circumstances, the lawyer typically must at least give the client the option of having the funds placed in a separate interest-bearing account, with the interest payable to the client.

Answer 41

As an exception to the commingling rule, a lawyer may deposit the lawyer’s own funds in a client trust account for the sole purpose of paying bank service charges on the account, but only in an amount necessary for such purpose.

Answer 42

With regard to a client account, the lawyer must maintain current books and records in accordance with generally accepted accounting practices (GAAP) and comply with any recordkeeping rules established by law or court order. Accurate records must be kept that delineate the portion of the funds that is the lawyer’s portion from the client’s portion. The lawyer must keep complete records for at least five years after the termination of the representation.

Answer 43

If, as a part of the representation of a client, a lawyer is in possession of property in which two or more persons (one of whom may be the lawyer) claim interests, the property must be kept separate by the lawyer until the dispute is resolved. The lawyer is required to promptly distribute all portions of the property as to which the interests are not in dispute. --The lawyer is not required to remit to the client funds that the lawyer reasonably believes represent fees owed by the client to the lawyer. However, a lawyer may not hold funds to coerce a client into accepting the lawyer’s contention. Under Rule 1.15, the disputed portion of the funds must be kept in a trust account. The lawyer should suggest means for the prompt resolution of the dispute, such as arbitration. The undisputed portion of the funds must be promptly distributed.

Answer 44

A lawyer is generally permitted to communicate information regarding her services through written, recorded, or electronic communication. Such communications include public media, so long as the communications regarding such services are not false or misleading (i) in violation of MRPC 7.1 or (ii) in violation of the rules against solicitation of clients under MRPC 7.3. -- Any communication about a lawyer or law firm’s services must include the name and contact information of at least one lawyer or law firm responsible for its content. Contact information includes a website address, a telephone number, an email address, or a physical office location. --With their consent, the names of regularly represented clients may be communicated in an advertisement. --A lawyer is permitted to communicate the fact that the lawyer does or does not practice in particular fields of law. In doing so, the lawyer generally may state that he is a “specialist,” practices a “specialty,” or “specializes in” particular fields, but such communications must not violate the rule against false and misleading communications. A lawyer is NOT permitted to state or imply that she is certified as a specialist in a particular field of law unless: i)The lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the ABA; and ii)The name of the certifying organization is clearly identified in the communication.

Answer 45

A firm may be designated by (i) the names of all or some of its current members; (ii) the names of deceased members when there has been a succession in the firm’s identity; or (iii) a trade name if it is not false or misleading. A lawyer or law firm may also be designated by a distinctive website address, social media username, or comparable professional designation that is not misleading. If a firm uses a trade name that includes a geographical name, an express statement explaining that it is not a public legal aid organization may be required to avoid a misleading implication. A law firm name or designation is also misleading if it implies a connection with: i) A government agency; ii) A deceased lawyer who was not a former member of the firm; iii) A lawyer not associated with the firm or a predecessor firm; iv) A nonlawyer; or v) A public or charitable legal services organization.

Answer 46

Under certain circumstances, a lawyer may agree to refer clients to another lawyer or a nonlawyer professional in return for the undertaking of that person to refer clients or customers to the lawyer. This is known as a reciprocal referral agreement. The reciprocal referral agreement must not be exclusive, and the client must be informed of the existence and nature of the agreement. In addition, such an agreement must not interfere with the lawyer’s professional judgment as to making referrals or providing substantive legal services. A reciprocal referral agreement should not be of indefinite duration and should be reviewed periodically to determine whether it is in compliance with the Model Rules.

Answer 47

Solicitation of professional employment by live person-to-person contact is prohibited when a significant motive for the lawyer’s doing so is the lawyer’s or law firm’s pecuniary gain unless the person contacted is: i) A lawyer; ii) A person who has a family, close personal, or prior business or professional relationship with the soliciting lawyer or law firm; or iii) A person who routinely uses the type of legal services offered by the lawyer for business purposes. -- This prohibition only applies if a significant motive of the lawyer’s solicitation of the client is for the lawyer’s own pecuniary gain. If the lawyer is volunteering to work pro bono for the client, the prohibition on solicitation will not apply.

Answer 48

The Model Rules set forth a voluntary professional responsibility for a lawyer to accept representation of clients who are unable to pay, suggesting that lawyers should offer at least 50 hours of pro bono legal services per year. --The voluntary responsibility of 50 hours is not intended to be enforced through the disciplinary process.

Answer 49

A judge must disqualify herself in a matter in which the judge knows that she or her spouse or domestic partner shares a third-degree relationship or closer to a party, lawyer, material witness, or person who has more than a de minimis interest that could be affected by the proceedings. Disqualification is also required when the spouse or domestic partner of the related person is a party, lawyer, material witness, or interested party in the matter. --The fact that a lawyer in a proceeding is affiliated with a law firm with which a relative of the judge is affiliated does not itself disqualify the judge. If the judge’s impartiality might reasonably be questioned, or the relative is known by the judge to have an interest in the law firm that could be substantially affected by the proceeding, the judge must be disqualified

Answer 50

A judge is disqualified when he knows or learns by means of a timely motion that a party, a party’s lawyer, or the law firm of a party’s lawyer has within recent years made total contributions to the judge’s campaign in an amount that is greater than an amount set by the local jurisdiction in its ethics code. A judge is not permitted to appoint a lawyer to a position if the judge knows that the lawyer, or the lawyer’s spouse or domestic partner, has contributed more than the local jurisdiction’s designated amount within a recent period of years to the judge’s election campaign. The judge is not allowed to appoint a lawyer to a position if the judge learns of such a contribution by means of a timely motion by a party or other person properly interested in the matter

Answer 51

Unless otherwise prohibited by law or under the general rule stated above, a judge may accept the following items, but must generally report such acceptance: i) Gifts incident to a public testimonial; ii) Invitations to the judge and the judge’s spouse, domestic partner, or guest to attend without charge an event associated with a bar-related function or other activity relating to the law, or an event associated with any of the judge’s permitted extrajudicial activities, if the same invitation is offered to nonjudges who are engaged in similar ways in the activity as is the judge; and iii) Gifts, loans, bequests, benefits, or other things of value, if the source is a party or other person, including a lawyer, who has come or is likely to come before the judge, or whose interests have come or are likely to come before the judge.

Answer 52

The representation is prohibited when it is MATERIALLY ADVERSE to the former client’s interest in a substantially related matter.

Answer 53

The representation is prohibited when: 1) The representation will be directly adverse to current client’s interest or 2) There’s a sig risk that the representation will be materially limited by (1) responsibilities to current client, former client or third person, or (2) lawyer’s personal interest.

Answer 54

A lawyer is generally prohibited from accepting payment from someone other than the client. However, a lawyer can accept payment from a 3rd party if the following conditions are met: 1) the client gives informed consent; 2) there is no interference with the lawyers independent professional judgment or the client-lawyer relationship; and 3) the lawyer protects confidential information relating to the clients representation.