Professional Responsibility Flashcards
VA: A former government lawyer shall not represent a client in connection with a matter __________.
in which the lawyer participated personally and substantially.
Can a VA lawyer accept a lucrative settlement for their client if the settlement includes an agreement that the lawyer will not take on any more cases against the D?
NO, that’s unethical. A lawyer shall not make or offer an agreement in which a broad restriction on the lawyer’s right to practice is part of the settlement of a controversy, except when such a restriction is approved by a tribunal or a governmental entity. Virginia Rule 5.6 thus prohibits a lawyer from agreeing not to represent other clients in connection with settling a claim on behalf of a current client.
Can a VA lawyer accept a lucrative settlement for their client if the settlement includes an agreement that the lawyer will not take on any more cases against the D if the court approves it?
(b) YES. The Circuit Court’s approval of such an agreement would make it valid. Virginia Rule 5.6(b), discussed above, contains an exception permitting restrictions on practice if approved by a tribunal or government entity.
If a D offers a VA lawyer accept a lucrative settlement for their client ONLY IF the lawyer agrees she will not take on any more cases against the D, what does the lawyer do?
As a member of the Virginia Bar, the lawyer must not violate the Virginia Rules. A lawyer must withdraw if continuing the representation will violate the Virginia Rules. Accordingly, if the client insisted on the settlement despite lawyer’s ethical objection, withdrawal would be necessary.
In VA, what must a lawyer (AJ) do if ethically required to withdraw from a case?
If AJ must withdraw, AJ should immediately: (i) notify the client of his withdrawal as required by Va. Rule 1.16(d), (ii) seek leave of the court to do so in accordance with Va. Rule 1.16(c), and (iii) take reasonable measures to minimize the harm to the client resulting from the termination of representation, pursuant to Va. Rule 1.16(d). Such steps include: (i) protecting the client’s confidentiality, (ii) returning the client’s files, all AJ’s work product, records, and any unearned fees, and (iii) assisting the client while they seek to secure new counsel to avoid or minimize material harm to the client’s interests.
How does a lawyer continue representing a client whent he lawyer has a conflict of interest? Two required steps:
In general, a conflict of interest exists when a lawyer’s representation of a client will be materially limited by the lawyer’s personal interests. Va. Rule 1.7a.(2). Waiver of this general conflict is possible if the lawyer reasonably believes that she will be able to provide competent and diligent representation to the client and the client gives consent after consultation, confirmed in writing.
