Rule 1.8 Conflict of Interest: Current Clients: Specific Rules

Question 1

Under Rule 1.8(b): A Lawyer SHALL NOT use information that:

Answer 1

Related to the representation of a client to the disadvantage of the client unless the client gives informed consent

Question 2

What are the two exceptions under this rule?

Answer 2

1. Informed Consent: if the client explicitly agrees (after being informed of the risks) the lawyer MAY use the information
2. When required or permitted by other rules: some legal or ethical rules MAY require a lawyer to disclose or use the client information such as:
   - Prventing a crime of fraud (1.6)
   -Complying with a court order
   -Defending themselves in a legal dispute with the client

Question 3

Under 1.8(c), A Lawyer shall not solicit any gift from a client UNLESS

Answer 3

The lawyer or other recipient of the gift is related to the client
(Spouse, Child, grandchild, parent, etc.)