Themis Essay 847

Question 1

An attorney representing an organization represents

Answer 1

the organization, and not its employees.

Question 2

A potential conflict of interest occurs when

Answer 2

(i) two clients’ interests are directly adverse to each other, or (ii) there is a high probability that representing one client will materially limit the lawyer’s ability to represent another; this is an objective standard.

Question 3

Clients can waive most conflicts by

Answer 3

consent after consultation (Virginia’s equivalent of “informed consent”).

Question 4

If a conflict of interest is sufficiently gross or there is a direct conflict,

Answer 4

then the conflict cannot be waived.