Who Knew?

Question 1

When can Atty NOT present antagonistic legal positions for 2 different Client’s in 2 different cases?

Answer 1

Before Appellate Court!

Question 2

Who can question conflict?

Answer 2

4-1.7 CONFL, CURRENT

1) Court can when infers neglect.
2) Opposing counsel in criminal matters.

~~It’s limited. I thought it was unlimited~~~

Question 3

Goner leaves Old Firm. What are responsibilities of:
OLD FIRM v. NEW FIRM

Answer 3

~~~OLD can rep mat adv!!!~~~
Old folks CAN be Materially Adverse EXCEPT when Remaining on a CRUS.
———–
NEW
hey New, NO CRIMeS by U
———–
Old CAN rep materially adverse EXCEPT when remaining attys have Confid, Reveal, Use, or Same matter.
———–
New Firm is blocked if New atty or Old firm rep’d Materially Adv + new atty cd Use, Reveal, Confid. + Same

Question 4

PRIVATE TO NEW GA
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What is a critical aspect of the 'confidential Govt info' New PA is forbidden to use?
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See, 4-1..1(c)

Answer 4

New PA must have ACTUAL knowledge.
Such knowledge is not imputed to the lawyer.

Question 5

How does Private-to-GA differ from GA-to-Private or Private-to-Private?

Answer 5

Access/knowledge are NOT imputed to a New GA.

super lenient for govt. if guy was newly working for a private firm, that firm wd be conflicted if atty OR HIS OLD FIRM rep’d an adversary. But here, govt just looks for “actual knowledge. old firm’s repping doesn’t impact govt.

Question 6

How does GA legal dept differ from private firm, re: atty’s knowledge of conflicting info?

Answer 6

Conflict is NOT imputed to Govt-employer.