Duty of Loyalty

Question 1

Duty

Answer 1

Conflicts of interest arise from

issues directly adverse to another client

significant risk that your representation will be materially limited by your relationship to another client, your personal interest or a third person

Question 2

Imputed DQ

Answer 2

any group of lawyers that work together closely or share responsibilities

Question 3

Exceptions to Imputed DQ

Answer 3

Ethical Wall

Question 4

Remedies for conflict

Answer 4

refuse to take the case

advise multiple clients to get separate counsel

withdraw

Question 5

How to get past a conflict

Answer 5

1. you reasonably believe you can represent everyone effectively despite the conflict
2. you inform eache affected client. If duty of confi prevents disclosure, you may not be able to consent
3. client consents, CONFIRMED IN WRITING (CA - both your disclosure and client consent must be in writing)

Question 6

Opposing parties in teh same matter

Answer 6

NEVER

Question 7

opposing current client in anothe rmatter

Answer 7

only with reasonable consent of all clients (e.g. two unrelated matters)

Question 8

direct adversity in trans. an dlitigation

Answer 8

can rep insurer and injured if insurer is indemnittee poriver no conflict

Question 9

former client

Answer 9

rule - you cannot take a new client in the same or substantially related matter where her interest are materially adverse to teh former without the former’s consent.

Question 10

Conflicts btw clietn and lawyer

Answer 10

gifts - must not solicit a susbtnatial ggift or draft instrument for a client who is not your close relative if it will provide a subst gift to you or your relative

cannot limit client’s righ tto report you for pro misconduct or malpractice liability

use confi info to ac lient’s disadvantage without consent

Question 11

busines strnascations or adverse interst

Answer 11

first discuss over coffee
may enter into a business with a client or obtain interests adverse if the terms are FAIR, DISCLOSED in understandable writing, client is advise right to consult OUTSIDE lawyer and your client provides CONSENT in signed writing

Question 12

publication

Answer 12

not until rep has ended but CA is a maybe if judge is satisfied that client understands and consents

Question 13

close relationships

Answer 13

msut get client’s consent if opposing party’s lawyer is your immediate family member (CA also requires intimiate, co-habitatn or firm client)