Final Flashcards
(25 cards)
Declining or Terminating Representation
Rule 1.16
Main Reason for having a rule or concern w/ conflicts is
Loyalty + Confidential Information
Conflicts 1st step Analysis + Evaluate / Analyze Conflicts from All 3 perspectives
if not clear - then determine first if current or former client - Was it terminated ? 1.16 \+ 1) Lawyer 2) Client 3) Opposing Lawyer
R 1.16 a lawyer may withdraw from representing a client if:
the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent
Conflict of Interest: Current Clients
Rule 1.7:
R 1.7 A concurrent conflict of interest exists if:
(1) the representation directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
- - ** this is NOT just between 2 current clients , also former clients, 3rd person, personal interest ** –
If A concurrent conflict of interest exists - a lawyer may represent a client if: Is it Consentable ?
a. R.1.7 (b)(4) each affected client gives informed consent, confirmed in writing
b. Can’t be same litigation
c. No informed Consent = No go forward
d. Consent CAN BE revoked
e. Can get ADVANCE informed consent
Imputation of Conflicts of Interest: General Rule -to FIRM
Rule 1.10
Positional Conflicts Cmntt [24]
Ordinarily May a lawyer may take inconsistent legal positions in different tribunals at different times on behalf of different clients ?
Yes but
A conflict of interest exists if there is a significant risk that a lawyer’s action on behalf of one client will materially limit the lawyer’s effectiveness in representing another
R 1.8 - payment for services
A lawyer shall not accept compensation for representing a client from one other than the client
Conflicts Involving Former Clients
R 1.9 - Mainly confidentiality and Loyalty
- ALL ARE CONSENTABLE
R 1.9 Conflicts Involving Former Clients
shall not represent another in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client
R 1.9 Conflicts Involving Former Clients / Former Firm
Firm with which the lawyer formerly was associated had previously represented a client
(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had (actually) acquired information protected that is material to the matter; unless the former client gives informed consent,
R1.9 lawyer whose present or former firm has formerly…represented a client in a matter shall not thereafter
- use info to disadvantage of former clients
2. reveal info
Between Lawyer + Client Fees
Rule 1.5: Fees = unreasonable fees / costs
Current Clients: Specific Rules - Fees / Business
Rule 1.8:
1) A= Business transactions w/ client or knowingly acquire ownership adverse to client
2) B = shall not use info relating to representation to disadvantage to that client
3) Not solicit substantial gift
Safekeeping Property
Rule 1.15: Fiduciary duties
Rule 3.1: Meritorious Claims + Contentions
1) The counterpart in Civ Pro = Rule 11
2) Frivolous Claims Rule
Comment #1 - allowed to make “good faith “ argument for extending or changing the law
Candor to Tribunal
Rule 3.3:
- false statement of fact or law to a tribunal or fail to correct a false statement
- fail to disclose legal authority in the controlling jurisdiction
Fairness to Opposing Party + Counsel
Rule 3.4: A lawyer shall not:
(a) unlawfully obstruct another party’ s access to evidence or unlawfully alter, destroy or conceal a document
(b) = paying a witness
(f) = Former Employees get different treatment
Truthfulness in Statements to Others - FRAUD
Rule 4.1:
Communication with Person Represented by Counsel
Rule 4.2:
Dealing with Unrepresented Person
Rule 4.3:
Professional Independence
Rule 5.4:
i. Can’t share legal fees
ii. Can’t partner w/ non-lawyer
