A. Current Client Conflicts - Multiple Clients & Joint Representation Flashcards
1
Q
When may Lawyer NOT represent Client A if conflict of interest with Client B?*
A
1) Client A representation will be ‘directly’ adverse to Client B!!!
2) Client A representation will be materially limited by Lawyer’s own interest/Lawyer’s responsibilities to Client B (another/former client OR TP)!!!
FYI Same/Different matters NOT relevant!!!
2
Q
When may Lawyer represent Client A if conflict of interest with Client B?*
A
1) Lawyer reasonably believes he can competently and diligently represent Clients A + B!!!
2) Representation NOT prohibited by law
3) NO assertion of claim by Client A vs Client B in same litigation!!!
4) BOTH Clients give informed consent + in WRITING!!!
5) Discloses potential conflict + harm towards each client!!!
