Concurrent conflict of interest Flashcards
May a lawyer enter into a business transaction with a client or former client, if the client expects the lawyer to exercise his professional judgment for the client’s protection?
No.
When may a lawyer enter into a business transaction with a client?
After client consents to full disclosure by the lawyer
What are the conditions the court requires before a lawyer may enter into a business transaction with a client or former client?
(1) the terms must be “fair and reasonable to the client,” (2) the lawyer must fully disclose the terms of the transaction in writing and in “a manner which can be easily understood by the client,”
(3) the client must be allowed to seek independent legal advice, and
(4) the client must consent in writing.
May a lawyer enter into a transaction that is adverse to a client, even if the client is not a party to the transaction?
No.
Does multiple representation constitute the denial of effective assistance of counsel?
No.
When may multiple representation constitute the denial of effective assistance of counsel?
When there is an actual conflict of interest impairing the lawyer’s performance.
If no party objects, does a trial court have a duty to inquire into the propriety of multiple representation.
No.
May a defendant who did not object to multiple represent at trial subsequently raise a violation of his Sixth Amendment right to counsel?
Yes.
What must the defendant show in a criminal trial to establish a violation of his Sixth Amendment right to counsel after agreeing to multiple representation?
That an actual conflict of interest adversely affected his lawyer’s performance.
What is the test for ineffective assistance of counsel?
Whether the lawyer’s performance was reasonable under the circumstances. (Strickland v Washington)
If the lawyer’s performance was not reasonable under the circumstance, what must the defendant show?
That the result probably would have been different if the attorney acted differently.
When multiple representation actually causes a conflict of interest, is the error harmless?
No.
Must prejudice be shown, when defendant shows that there was actual conflict of interest?
No. (Glasser v United States)
Is the possibility of conflict of interest enough to show a violation of the Sixth Amendment right to counsel?
No.
