Rule Statements Flashcards
What must a lawyer in Georgia not do regarding client representation?
A lawyer must not represent a client if the representation may be materially limited by the lawyer’s responsibilities to another client, a third person, or the lawyer’s own interests.
Under what conditions can a lawyer represent a client despite a potential conflict of interest?
The lawyer can represent the client if: (i) the lawyer reasonably believes the representation will not be adversely affected; and (ii) the client consents after consultation.
What are the requirements for a valid waiver from the affected client?
A valid waiver must come after: (i) consultation with the lawyer, (ii) receiving in writing reasonable and adequate information about the material risks, and (iii) being given the opportunity to consult with independent counsel.
Is a generic engagement letter sufficient for informed consent to waive a conflict?
No, a generic engagement letter is insufficient to apprise the client of all information needed to make informed consent.
What constitutes a concurrent conflict of interest?
Directly advocating against one’s own existing client is a concurrent conflict of interest that requires the client’s consent, even if the matters are unrelated.
Are separate entities sharing a parent company considered the same client for conflicts purposes?
It depends; the facts and circumstances of the relationships between the entities should be examined on a case-by-case basis.
Why is it important to examine relationships between subsidiaries in large corporate organizations?
Large corporate organizations often have many subsidiaries that are totally unrelated to each other, making it crucial to assess conflicts individually.
