Personal Conflicts
Financial interests, family ties, or personal relationships that materially limit the lawyer’s ability to represent the client.
What types of personal interests automatically create a conflict of interest under Model Rule 1.7(a)?
Which Model Rule governs business transactions between lawyers and clients?
What is Model Rule 1.8(a)?
Which Rule addresses gifts from clients?
What is Model Rule 1.8(c)
Which Model Rule governs conflicts with former clients?
What is Model Rule 1.9?
Define ‘confidential information’ under the ABA Model Rules.”
What is information relating to the client’s representation that is not generally known, obtained in confidence, and could harm the client if disclosed (MR 1.6, 1.9(c))?
A lawyer represents a client in a divorce, but her spouse works for the opposing firm.
Is this automatically prohibited, or can it be waived?
What is it may be waived with informed client consent if the lawyer reasonably believes representation will not be adversely affected?
A lawyer loans $10,000 to a client. What must be done to comply with Rule 1.8(a)?
What is the terms must be fair and reasonable, fully disclosed in writing, and the client advised to seek independent counsel?
Can a lawyer accept a substantial gift from an elderly client?
What is only if it is not the result of undue influence, fully disclosed, and client advised to seek independent counsel (MR 1.8(c))
Define ‘substantially related matter’ under Rule 1.9(a).
What is a matter involving the same transaction or legal dispute, or where confidential information would be relevant, creating a risk of material limitation (MR 1.9(a), Comment 3)?
When representing a new client, what steps must a lawyer take to avoid using confidential information of a former client?
What is screen files, avoid exposure to privileged knowledge, and do not use information to the client’s disadvantage (MR 1.9, Comment 3)?
A lawyer has a financial stake in a company being sued by a client. What determines if this creates a prohibited conflict under Model Rule 1.7?
What is whether the lawyer’s personal interest materially limits the lawyer’s judgment or loyalty to the client?
A lawyer negotiates a fee arrangement in which she receives 40% ownership in a client’s company. Which Rules apply, and what must she do to avoid an ethical violation?
What is Rule 1.8(a) applies; the transaction must be fair, fully disclosed in writing, and the client must have opportunity for independent counsel?
Lawyer begins a consensual intimate relationship with a client after the matter is closed. What are the potential ethical issues?
What is risk of conflict, appearance of impropriety, or lingering influence; prohibited during representation (MR 1.8(j)), post-representation may still require caution?
Lawyer represented Client A; now represents Client B against A in a similar contract dispute. Ethical analysis?
What is representation is prohibited unless informed consent is obtained in writing, due to a substantially related matter and risk of using confidential information (MR 1.9(a), CRPC 1.9)?
A lawyer recalls a trade secret from a former client while negotiating a deal for a new client. What are the ethical restrictions?
What is cannot use it to the advantage of the new client; must maintain secrecy (MR 1.9(c), Restatement §132)?
his comment to Rule 1.7 clarifies that lawyers must evaluate whether their own interests materially limit representation, even without direct financial harm.
his comment to Rule 1.7 clarifies that lawyers must evaluate whether their own interests materially limit representation, even without direct financial harm.
How does ‘fair and reasonable’ differ from ‘substantive fairness’ in the context of lawyer–client business transactions?
What is ‘fair and reasonable’ focuses on objective evaluation and disclosure; ‘substantive fairness’ ensures the client’s understanding and voluntary consent?
A lawyer receives a will gift from an ill client who is related by marriage. Analyze under Model Rule 1.8(c).
What is substantial gifts from clients are prohibited unless lawyer is closely related; independent advice must be given to avoid undue influence?
Explain the difference between direct adversity and use of confidential information when analyzing former client conflicts.
What is direct adversity prohibits representing a new client against a former client in substantially related matters; confidential information prohibits using past client information to disadvantage the former client?
Explain the difference between general knowledge or skills acquired and protected confidential information.
What is skills and experience may be used; specific confidential information cannot be disclosed or used against the former client?
This Comment to Model Rule 1.7 explains why intimate relationships with current clients can create conflicts of interest and refers you to the specific rule that prohibits them.
What is Comment 12?
Lawyer advises a client on a complex merger and receives stock options as partial payment. What are the ethical concerns?
What is possible material limitation on loyalty (MR 1.7), must fully disclose in writing, client must have independent advice, avoid conflicts, and comply with CRPC 1.8?
Which Model Rule specifically prohibits sexual relations with current clients unless the relationship predated the representation?
What is Model Rule 1.8(j)?
Lawyer represented a client in litigation against a company; now represents a new client against the same company in an unrelated matter. Ethical analysis?
What is generally permissible if matters are not substantially related and no confidential information is used (MR 1.9, Restatement §§59–60)?
How does Restatement §132 address the protection of former client information in litigation or transactional contexts?
What is it prohibits using confidential information to the former client’s disadvantage, even if matters are unrelated, unless consent is obtained