Phrases

Question 1

What are 3 instances of Conflict of Interest?

Answer 1

What’s ALI’s analysis?
Current poses Same DAM Limits & Risks Relations
———–
1) Same or related matter
2) Directly Adverse interest
3) Materially Limits atty acting for each
4) subst Risk will occur
or
5) Related by blood, adoption, or marriage as a parent, child, sibling, or spouse.

Question 2

Can related Attys have cases together?

Answer 2

No.
- Related by blood, adoption, or marriage as a parent, child, sibling, or spouse:
- Can’t go against each other w/o written consent.
———–
[Current poses Same DAM Risks & Limits Relations]

Question 3

If conflicted from a course of action, is that necessarily prevent the representation?

Answer 3

4-1.7  CONFL, CURRENT
-----------
[How analyze a Current Conflict?  Ask ALI]
-----------
No.  Depends on:
1)  if affected client wants to Accommodate the other.
1)  Likelihood.
2)  Impact.

Question 4

State the 2 jingles together that summarize Current Client Conflict in a nutshell.

Answer 4

Current poses Same DAM Limits & Risks Relations
fortunately ALI knows how to Analyze a Current Conflict.
———–
— Same matter — Dir Adv — Mater Limits — Subst Risk — Related
— Accommdate—-Likelihood - Impact

Question 5

In sum:
State 4 ways 4.1-9 Conflict Former Client, finds conflict?

Answer 5

CONFLICT FORMER
-----------
Your Former is a SMURF
-----------
1.  new Client in related matter w/ Materially Adverse interest to former.
2.  Use info for former's disadvantage.
3.  Reveal former's info.
UNLESS Former consents.
comes up in switching teams & work with same players.

Question 6

By way of reminder -
In what 3 instances MAY Atty disclose confidential info?

Answer 6

disclosing confidences is SCEDgy
[ED loves SC in May.]
———–
1) Serve Client’s interest UNLESS Client specifically requires it not be disclosed.
2) Comply w/ Bar Rules.
3) establish Atty’s Defense/claim/response in:
(a) Dispute w/ Client.
(b) Criminal/civil charge based on Client-involved conduct;
(c) Proceeding re: Atty’s representation of Client.

Question 7

Lawyer joins New Firm. Is New Firm blocked from representing Potential C if Atty has any of the following 3 conflicts -
1) 4-1.7 Current C.
2) 4-1.9 Former C.
3) 4-1.6 Confidentiality.
—
* Notice here we are concerned about confidential info.
Not a concern in Whole Firm/Existing Atty.*

Answer 7

Yes. New Atty shdn’t wear ASICs
hey New, his CRIMe’S ON U
———–
New Firm cannot represent Potential C if
1) new atty OR HIS OLD FIRM represented an Adversary of potential c
2) in Same or related matter
3) adversary had Interests materially adverse to potential c
4) adversary shared Confidential info w/ new atty.

Essentially, New Atty can’t share all the knowledge gained about Adversary to the advantage of Potential Client.

Question 8

What are the things that disqualify a Govt Atty gone Private?

Answer 8

New privates wear SPURs.
———–
(1) Cd USE + REVEAL to disadv [Former C Conflict]
(2) If PERSONALLY & SUBSTANTIALLY participated as PO or pub ee.
Unless written informed consent.

Question 9

New PA is blocked b/c SPUR.
What must Private Firm do to represent?

Answer 9

GOVT TO NEW PA
-----------
SPUR gets treated like a mole:
(1)   Screens him, 
(2)  [w/holds] $, 
(3) Report him to Govt.

Question 10

New PA is blocked b/c has CONFID INFO.
What must Private Firm do to represent?

Answer 10

Never report a Confidential informant, just:
(1) Screen him +
(2) w/hold $.
———–
Citiz will never know his govt has confid info.

Question 11

GOVT TO NEW PA
-----------
State how Firm treats differently:
New PA w/ SPUR
vs. 
New PA w/ Confid Info.

Answer 11

SPUR = mole (scr/$/report to govt)
Confid = confid informant. (scr/$)

Question 12

GOVT TO NEW PA
-----------
Who does Firm tell if New PA has:
SPUR
vs.
Confid Info.

Answer 12

SPUR = Govt. (mole)
Confid = No One (never report a confid informant)

Question 13

Who runs the theme of current conflict?

Answer 13

How analyze current conflict?
Ask ALI [accom, likelihood, impact.]
———–
What’s ALI’s analysis?
Current poses Same DAM Limits & Risks Relations.]

Question 14

How do you know if representation wd be directly adverse?

Answer 14

[Directly Adverse? say L’Chaim, L’Chaim]
———–
1) Loyalty & Confidentiality compromised.
2) Limits Choices. i.e., can’t consider certain courses of action b/c impacts another Client.

Question 15

After representing a Client, who can Atty NOT represent?

Answer 15

1. new Client in related matter w/ Materially Adverse interest to former.
2. Use info for former’s disadvantage.
3. Reveal former’s info.
   UNLESS Former consents.
   comes up in switching teams & work with same players.
   ———–
   Can you rep new? Is your old client MIA?
   [Material Interest that’s Adverse.]

Question 16

What are responsibilities of Old Firm when Goner goes?

Answer 16

Old folks can be Materially Adverse except when Remaining on a CRUS.
———–
Old firm can rep someone w/ Materially Adverse Interest to former client except when remaining attys have Confid, Reveal, Use or its the Same matter.

Question 17

What are responsibilities of New Firm when Goner joins?

Answer 17

NEW
-----------
hey New, his CRIMe'S ON U
------------
Confid, Reveal, Interest, Material, Old or New, Use

if Old or New rep’d w/ Materially Adv Int, Same Use or Reveal or Confid