Conflicts - Current
A lawyer may not represent two clients if doing so would put their legal interests in direct opposition in the same matter or related matters.
What is a directly adverse conflict?
A lawyer cannot represent a new client against a former client in a matter involving these two conditions.
What are material adversity and substantial relatedness?
A person becomes a prospective client if they do this with a lawyer regarding possible legal representation.
What is consult in good faith?
A lawyer’s fee must meet this standard, based on factors like time, difficulty, and experience required.
What is reasonableness?
Even after the representation ends, this duty continues.
What is duty of confidentiality
A lawyer may proceed with a conflict only if each affected client gives this, after the lawyer explains the risks and alternatives.
What is informed consent, confirmed in writing?
When determining whether two matters are substantially related, courts often examine whether the matters share these.
What are similar facts, legal issues, or strategic considerations?
A lawyer who learns confidential information from someone seeking legal advice—but doesn't take them on as a client—cannot later do this if the information would significantly impair the person who sought advice.
What is represent a client with materially adverse interests in the same or a substantially related matter?
A lawyer may disclose confidential information without client consent to prevent this kind of harm.
What is reasonably certain death or substantial bodily harm?
A lawyer may not represent a client if their duties to another client, third party, or their own interests would significantly compromise this.
What is the lawyer’s ability to represent the client competently and diligently?
A lawyer is prohibited from using or revealing this kind of information gained from a former client.
What is confidential information learned during the prior representation?
To avoid being disqualified from later adverse representation, lawyers should limit this during initial consultations.
What is the amount of confidential information received?
This kind of fee, based on a percentage of recovery, must be in writing and is prohibited in certain matters, such as criminal defense.
What is a contingent fee?
A lawyer must not reveal any information related to a client’s representation unless one of these applies.
What are:
The client gives informed consent;
The disclosure is impliedly authorized to carry out the representation;
The lawyer reasonably believes disclosure is necessary to: Prevent reasonably certain death or substantial bodily harm; Prevent the client from committing a crime or fraud using the lawyer’s services; Mitigate or rectify substantial financial harm resulting from such acts; Secure legal advice about the lawyer’s own compliance with professional rules; Establish a claim or defense in a dispute between lawyer and client or in a defense to criminal or civil allegations involving the lawyer; Comply with other law or a court order.
This type of representation—often involving spouses, business partners, or co-defendants—can create a risk of conflict due to diverging legal interests.
What is joint representation?
If a lawyer is disqualified due to a prior representation at another firm, the new firm can still take the case if this is implemented and notice is given.
What is ethical screening with timely written notice?
A firm can avoid disqualification due to a conflicted lawyer by ensuring that the conflicted lawyer is completely cut off from the case and this occurs.
What is timely written notice to the prospective client?
A lawyer may split a fee with a lawyer from another firm only if the client agrees and the total fee meets this requirement.
What is that the total fee is reasonable, the lawyer actually worked on the case, and the client agrees in writing?
A lawyer may disclose confidential information to secure legal advice about this.
What is the lawyer’s compliance with professional responsibility rules?
A conflict cannot be waived if the lawyer cannot reasonably do this for each affected client.
What is provide competent and diligent representation?
A lawyer may only act adversely to a former client in a related matter if the former client gives this.
What is informed consent, confirmed in writing?
The duties owed to prospective clients are most similar to those owed to this type of client.
What is a former client?
If a client fires their lawyer after paying an advance fee, the lawyer must do this.
What is refund any unearned portion?
A lawyer may reveal information to prevent or mitigate a client’s use of the lawyer’s services for this kind of act.
What is a crime or fraud that is reasonably certain to result in substantial financial injury?