Defenses to Conflict of Interest Flashcards
1
Q
Defense to Conflict of Interest
A
Consent of Both Clients
2
Q
Consent by Former Client
A
Former client can always give consent to waive duty of confidentiality after a full disclosure.
3
Q
Consent by Current Client
A
Current client cannot consent to waive duty of confidentiality, BUT can waive duty of loyalty.
4
Q
Requirements for Consent
A
Writing, clearly identifying clients and attorney’s role. Must discuss risk of adverse use, and zeal, RECOMMEND Independent Counsel.
