Pt. 4 Conflicts of Interest Flashcards
If a conflict of interest (COI) is apparent _____ lawyer takes on a client’s matter, then the lawyer MUST not take it on
before
if COI becomes apparent only _____ the lawyer has taken on the client’s matter, and if informed consent of the affected client will not solve the problem, then the lawyer MUST withdraw.
after
3 potential consequences if a lawyer fails to handle a conflict properly
(1) disqualification as counsel in a litigated matter, (2) professional discipline, and (3) civil liability for legal malpractice
lawyers who practice in a firm are treated as a ____ ____ for COI purposes, in general; so, when one lawyer cannot take on a matter b/c of a COI, the other lawyers in the firm are also barred from doing so . . . this is called ____
single unit; imputation
definition of firm
not just an ordinary private law firm, but also other groups of lawyers who practice closely together (such as lawyers in corp. law department, legal aid office, public defenders’ office, etc.)
exceptions to imputed disqualification of other firm lawyers — (1) conflicts that are ____ ____ to the lawyer in Q and (2) cure so long as lawyer is timely _____ from participation in the matter and is apportioned no part of the fee from the matter
uniquely personal; screened (and written notice of procedures must promptly be given to affected client or person)
lawyer must not represent a client if the representation creates a concurrent COI, which happens when two conditions are met: (1) representation of one client will be ______ _____ to another client; and (2) there is significant risk that the rep of one client will be ______ limited by lawyer’s own interest or responsibilities to another client, former client, or third person
directly adverse; materially
despite concurrent COI, a lawyer MAY represent a client IF all four of the following conditions are satisfied: (1) lawyer reasonably believes that he can ____ and ____ represent each affect client, despite the COI; (2) the rep is not prohibited by ____; (3) the rep does not involve asserting a claim by one client against another client represented by that lawyer in the ___ litigation or other proceeding before a tribunal, and (4) each affected client gives _____ consent, confirmed in ______.
competently and diligently; law; same; informed consent, confirmed in writing
if a _____ lawyer looking @ the facts would conclude that the client’s interests would not be adequately protected in light of a COI, then the COI is __________
reasonable; unconsentable
confirmed in writing means one of two things — (1) there is a ______ or _____ record that is physically or electronically ____ by the client OR (2) there is an ____ consent that is promptly ______ in a tangible or electronic record that is promptly sent to the client
tangible or electronic; signed; oral; memorialized
client’s consent to an aggregate settlement or biz transaction w/ the lawyer must be _______ by the client
signed
even if the client consents, a lawyer MUST not be on ___ sides of the same litigation
both (but, in transactional matter, lawyer may be able to address conflict and act for both parties)
can the client revoke a previously given consent to a COI?
yes, almost always
lawyer may properly ask a client to consent to COIs that may arise in the future BUT ONLY if it is ________ to do so AND only if the client _____ understands the particular kinds of conflicts that may arise and the _______ of consenting
reasonable; truly; consequences
are the unnamed members of a class to a class action clients for purposes of the “direct adversity” conflicts rule?
no
