NY BAR REVIEW PROFESSIONAL RESPONSIBILITY 2

Question 1

conflict of interest

Answer 1

representation of current clients.
specific issues.
former clients.
imputation.

Question 2

differing interests

Answer 2

interests that will adversely affect judgment or loyalty of lawyer to client

Question 3

lawyer cannot represent a person when doing so would involve a ______ interest

Answer 3

differing (adversely - opposite of my client).
plaintiff v. defendant.
doesn’t have to be related in subjects.

Question 4

lawyer cannot handle matter with a business property (his own interest) where there is a __________ that his judgment will be affected

Answer 4

significant risk

Question 5

waivable

Answer 5

lawyer can provide confident representation despite conflict; both clients give informed consent

Question 6

informed written consent

Answer 6

they know what the conflict means and still allow the lawyer to represent them , in writing - from client.

Question 7

objective person outside of the lawyer

Answer 7

is to believe that one as a lawyer can represent both parties - conflict of interest matter. not subjectively, - that the lawyer believes

Question 8

unwaivable

Answer 8

lawyer cannot be on the opposite sides. cannot represent plaintiff and defendant at once.

Question 9

conflict of interest - lawyer cannot negotiate with _____?

Answer 9

himself

Question 10

sexual relations

Answer 10

intercourse , broadly defined (didnt work for clinton)

Question 11

in domestic relations matter, lawyer MUST NOT _________?

Answer 11

have sexual relations at all (unless:

1. client is your spouse.
2. sexual relations predates representation)

Question 12

lawyer can have sexual relations with a client, unless

Answer 12

domestic relations matter

Question 13

imputed disqualification

Answer 13

all lawyers in a law firm have fiduciary duty to all clients. if 1 cannot handle a matter, other lawyers have a similar conflict and will not be able to handle it.
not everyone in the firm, but most are imputed.

Question 14

when a lawyer leaves a firm

Answer 14

if firm no longer has confidential info from prior representation, records gone, imputation no longer applies, no more conflict

Question 15

new lawyer - deemed to have represented client for former firm, left that firm, and moved to a new firm

Answer 15

former client rule - the lawyer moving over did not have confidential material to that representation. no imputation of conflicts to lawyers at new firm.

Question 16

firms are to keep records of ___________,so they can run ____________ checks

Answer 16

engagement.

conflicts of interest.

Question 17

when a lawyer represents an organization, who is their client?

Answer 17

the organization, NOT the individual constituents, not the board of directors, not the officers

Question 18

civil miranda warning

Answer 18

constituent gives info, needs to know the lawyers representation is for the organization, not the individual

Question 19

atty client privilege

Answer 19

privilege belongs to the organization, as lawyer is receiving information necessary to render legal advice

Question 20

organization

Answer 20

lawyer is to look after the best interests of the organization

Question 21

what can a lawyer do re an organization as a client, when an individual is looking to violate the law in a business decision?

Answer 21

1. talk to the person - to reconsider - may lead to jail time, risk is not worth it
2. suggest a 2nd atty to give an opinion
3. if all these fail, go to a higher authority in the company
4. and if all these fail, lawyer may resign.