Phrases Flashcards
What are 5 points of current Conflict of Interest?
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.
Can related Attys have cases together?
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]
If conflicted from a course of action, is that necessarily prevent the representation?
[How analyze a Current Conflict? Ask ALI]
———–
No. Depends on:
1) if affected client wants to Accommodate the other.
1) Likelihood.
2) Impact.
State the 2 jingles together that summarize Current Client Conflict in a nutshell.
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
In sum:
State 4 ways 4.1-9 Conflict Former Client, finds conflict?
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.
By way of reminder -
In what 3 instances MAY Atty disclose confidential info?
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.
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.*
Yes. New Atty shdn’t wear ASICs
hey New, NO CRIMeS by 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.
What are the things that disqualify a Govt Atty gone Private?
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.
New PA is blocked b/c SPUR.
What must Private Firm do to represent?
SPUR gets treated like a mole:
(1) Screens him,
(2) [w/holds] $,
(3) Report him to Govt.
New PA is blocked b/c has CONFID INFO.
What must Private Firm do to represent?
Never report a Confidential informant, just:
(1) Screen him +
(2) w/hold $.
———–
Citiz will never know his govt has confid info.
State how Firm treats differently:
New PA w/ SPUR
vs.
New PA w/ Confid Info.
SPUR = mole (scr/$/report to govt)
Confid = confid informant. (scr/$)
Who does Firm tell if New PA has:
SPUR
vs.
Confid Info.
SPUR = Govt. (mole)
Confid = No One (never report a confid informant)
Who runs the theme of current conflict?
How analyze current conflict?
Ask ALI [accom, likelihood, impact.]
———–
What’s ALI’s analysis?
Current poses Same DAM Limits & Risks Relations.]
How do you know if representation wd be directly adverse?
[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.
After representing a Client, who can Atty NOT represent?
Switch, Mat adv, Use, Reveal, unless Former consents
———–
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.]
