Pg 10

Question 1

What is an attorney‘s duty to a former client?

Answer 1

Attorneys cannot knowingly represent someone in the same or substantially related matter that the attorney formerly represented a client whose interests are materially adverse and about whom the attorney had acquired information protected by 1.6 that is material to the matter, unless the former client gives informed consent in writing. Same when the firm represented such a person

Question 2

What is the rule about information becoming generally known?

Answer 2

Attorneys cannot use information they gained from formally representing a client to disadvantage that client unless the information has become generally known

Question 3

If an attorney represented a CEO and learned private financial information about him, can he later represent his spouse in a divorce?

Answer 3

No because he had knowledge of specific facts from a prior representation

Question 4

If an attorney‘s old firm was associated with a client, the attorney isn’t disqualified unless what?

Answer 4

He had actual knowledge of information. If he didn’t know anything about the client and then joined a new firm, neither he nor his new firm are disqualified from representing another client in the same related matter, even if the interests of the client conflict

Question 5

If an attorney previously represented a client in getting building permits for a shopping center, can he then represent the neighbours that want to oppose the rezoning of the property?

Answer 5

No, because there is a substantial risk that confidential information from the prior representation would materially advance the neighbours’ position in the later matter

Question 6

If an attorney represented a client in getting building permits for shopping Center, could he later defend a different client that is a tenant of the shopping centre in resisting evection for not paying rent?

Answer 6

Yes, because those are two totally separate matters

Question 7

What are the rules under MR 3.7 for attorneys as witnesses?

Answer 7

An attorney cannot act as a witness in a trial where he is the attorney or likely to be the attorney unless:
– testimony relates to an uncontested issue
– testimony relates to the nature in value of legal services in the case
– disqualification of the attorney would cause a potential hardship on the client

Question 8

Is it possible for an attorney to be a witness even if another attorney from his firm is the attorney on record?

Answer 8

Yes

Question 9

What’s the rule for related attorneys?

Answer 9

Attorneys that are related to each other should not represent adverse parties without full disclosure and informed written consent by both parties

Question 10

Who is included in related attorneys?

Answer 10

Husband wife, parent child, siblings

Question 11

If two attorneys are engaged, are they considered related?

Answer 11

No

Question 12

If two spouses are attorneys, and one spouse is representing a client and the other spouse’s firm is representing a client that is directly opposed to that client, does the related attorneys rule apply?

Answer 12

No, the prohibition is not imputed to the firm, so another attorney in the firm can handle one of the representations

Question 13

What is the MR 1.11 rule that involves conflict of interest for former or current government officers and employees?

Answer 13

An attorney that was previously a public officer or government employee cannot represent a client in connection with a matter they participated in when working for the government without informed consent confirmed in writing by the government agency

Question 14

Can a current government employee participate in a matter he participated in while in private practice?

Answer 14

No, unless the government agency gives informed consent confirmed in writing

Question 15

What is the rationale for the rules regarding former and current government officers and conflicts of interest?

Answer 15

Prevents corruption and stops attorneys from exploiting public office to advantage clients because attorneys that have worked for the government have a wealth of knowledge about people, processes, and politics that others do not have, so it’s very valuable to clients. This is why you need the consent of the agency to represent the party

Question 16

What is the MR 1.12 rule about former judges, arbitrators, And mediators?

Answer 16

Attorneys cannot represent anyone in connection with a matter that they personally participated in as a judge, law clerk, arbitrator, mediator, third-party neutral unless all parties give informed consent confirmed in writing

Question 17

What is the rule about attorneys negotiating for employment with anyone involved as a party in a matter the attorney is participating in as a judge, arbitrator, mediator, or third-party neutral?

Answer 17

Not allowed

Question 18

If a judge previously sat on a multimember court, and left to go into private practice, can he represent people in matters that he didn’t formally participate in as a judge?

Answer 18

Yes if he participated in it then he cannot

Question 19

What is the rule about negotiating for employment with a party or attorney involved in a matter that a judge participated in?

Answer 19

This is not allowed

Question 20

Is a judge’s law clerk prohibited from negotiating for employment with a party or attorney that the judge was involved in?

Answer 20

No as long as he first notified the judge

Question 21

Can someone that previously clerked for a judge and then went into private practice work on a matter related to the one he clerked about?

Answer 21

Yes, as long as he got informed consent confirmed in writing

Question 22

What is a third-party neutral?

Answer 22

Someone acting as a mediator to assist in dispute resolution

Question 23

If an attorney is serving as a third-party neutral, and one of the parties is not represented by an attorney, what must the third-party neutral do?

Answer 23

He must inform the unrepresented party that he is not representing them, and explain the difference between his role as a third-party neutral and as an attorney

Question 24

Is it ok for a third-party neutral to meet with parties privately and even reveal what he thinks is the proper course of action for a party to take?

Answer 24

Yes but the third-party neutral must be clear that the opinion is not legal advice

Question 25

Is it OK for a third-party neutral to hold joint sessions to discuss settlement?

Answer 25

Yes

Question 26

What is the MR 1.5 rule about attorney fees?

Answer 26

Attorneys cannot charge or collect unreasonable fees or amounts for expenses

Question 27

What are the factors to determine reasonableness for attorney fees?

Answer 27

• Time and labour that is required
  – Novelty of the questions
  – skills needed to perform the legal services
  – likelihood that accepting appointment will preclude attorney from other employment
  – fees that are usually charged in the same area for the same services
  – amount involved and results gotten
  – time limit
  – nature and length of the professional relationship with the client
  – experience, repetition, ability of the attorney
  – awards in similar cases
• Whether the fee is fixed or contingent
  –