Relationship, Firms, Government, and Corporations Account Advances before Withdrawal of Prospects

Question 1

Relationships

Answer 1

Relationships Family Former

(1) Sexual relationships != current client, unless prior
(2) Family relationship of lawyer = just consent, could also provide different L from same firm
(3) Former client != use CI, unless generally known = duties survive representation; Different, not substantially related matter = ok, else former C consent must be given after a full disclosure of material facts

Question 2

Firms

Answer 2

Firms Screen Leaving

(1) Conflict for one = conflict for all = imputed
(2) Screen = new L = must be effective and no apportioned fee from representation = Notice and details of conflict to C + details of screening mechanism, demonstrate by convincing evidence that no CI leaked prior to screen, affidavit served on former firm and C that won’t participate or discuss with new firm member
(3) Leaving L= directly averse to former L’s Cs = ok, but not if substantially related and remaining L has CI.

Question 3

Government

Answer 3

Government Former CI

(1) Gov. L/Judge = no negotiating for private employment in which substantially participated, expect clerk that informs judge of interviewing party
(2) Former = not represent a private party where substantially participated, unless gov. gives CIW, or all parties for judge give CIW; Gov. Ls and judge can be screened.
(3) No use or disclosure of CI

Question 4

Corporations

Answer 4

Corporations Constituent SEC

(1) Corporation = duty to Corp, not directors != represent an individual that conflicts
(2) Violations = should be reported to involved wrongdoers, and may up the chain to the directors, minimizing public disclosure, but must report to SEC for a public traded corp.

Question 5

Account

Answer 5

Accounting Retainers Records

(1) Accounting = C + L’s property held separate != use, commingle, borrow
(2) Retainers and flat fees = deemed compensation, but require advanced written agreement regarding the scope of services + refund provisions, must = reasonable
(3) Financial Records = maintained for 7 years and provide a complete understanding; written accounting at least once a year or upon request

Question 6

Advances

Answer 6

Advances Pooled Nominal

(1) Advances = kept in trust account = operating account when earned; R. notice to client for such transfers
(2) Pooled trust account = individual trust or separate account for substantial accounting
(3) Nominal, short time = Legal Foundation of WA

Question 7

Withdrawal

Answer 7

Withdrawal Permissible Prejudice

(1) Withdrawal = must if representation = VID = violations of RPS or any other law, impaired ability, fired
(2) Permissible = CURBO– criminal action pursued, used L services for such, repugnant objective, burden unreasonable, other good cause
(3) Material Prejudice != allowed, else reasonable time for C retain succeeding counsel, return papers, and all unearned fees.

Question 8

Prospects

Answer 8

Prospective Avoid Sale

(1) Prospective = no creation of bar unless gave harmful CI != mislead that they will be represented and affirmatively reject when they have that expectation.
(2) Avoid disqualification = say have potentially adverse clients + not confidential = no poisoning the well
(3) Sale = 90 days notice, option to obtain new L, no fee increase, no piecemeal; L can continue to practice law