Themis Essay 871 Flashcards
Special conflict problems arise when a lawyer is likely to be called
as a witness.
A lawyer generally may not represent a client if the lawyer is a necessary witness in a contested case, unless
disqualifying the lawyer would result in a substantial hardship for the client.
A. lawyer may not act as an advocate in an adversarial proceeding in which another lawyer in the law firm is
likely to be called as a witness, unless a conflict of interest would occur.
After undertaking a representation, if a lawyer learns that the lawyer may be called as a witness other than on behalf of the client, the lawyer may
continue the representation until it is apparent that the testimony is or may be prejudicial to the client.
A lawyer must withdraw if
continuing the representation will violate the Virginia Rules.
As a general rule, when a lawyer has a conflict of interest, that conflict is imputed to
all of the lawyers in the lawyer’s law firm based on the notion that confidential information possessed by one lawyer is effectively possessed by all lawyers in the same firm.
A lawyer is generally empowered to determine the best means of
achieving the goals set by a client.
A lawyer is required to provide a client with sufficient information to permit the client to
participate intelligently in decisions concerning objectives of the representation and the means by which they are to be pursued.
A deposition is not likely to be covered by the attorney-client privilege due to
the presence of third parties.
A lawyer who has a direct, materially adverse conflict of interest should:
(i) notify the client of the lawyer’s withdrawal;
(ii) seek leave of the court to do so; and
(iii) take reasonable measures to minimize the harm to their client resulting from the termination of representation.
Steps a lawyer should take to minimize harm to a client resulting from termination of representation include:
(i) protecting the client’s confidentiality;
(ii) returning the client’s file; and
(iii) assisting the client while they seek to secure new counsel.
