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What constitutes a concurrent conflict of interest according to the rule?
What constitutes a concurrent conflict of interest according to the rule?
- The lawyer represents multiple clients in the same litigation.
- The lawyer has personal interests that do not affect client representation.
- The lawyer is appointed by a tribunal to represent multiple clients.
- The representation of one client will be directly adverse to another client. (correct)
Which of the following statements is true regarding a lawyer’s ability to represent clients in the presence of a concurrent conflict of interest?
Which of the following statements is true regarding a lawyer’s ability to represent clients in the presence of a concurrent conflict of interest?
- Lawyers need approval from a tribunal to represent multiple clients.
- Clients must always give verbal consent for joint representation.
- Representation is always prohibited under conflicting interests.
- Lawyers can represent clients if they believe they can provide competent representation. (correct)
Which condition is NOT required for a lawyer to represent clients despite a concurrent conflict of interest?
Which condition is NOT required for a lawyer to represent clients despite a concurrent conflict of interest?
- The clients are unrelated and do not know each other. (correct)
- The representation is not prohibited by law.
- The lawyer has a reasonable belief they can provide diligent representation.
- Each affected client provides informed consent, confirmed in writing.
What is required for the resolution of a conflict of interest problem as outlined in the rules?
What is required for the resolution of a conflict of interest problem as outlined in the rules?
In which scenario would a lawyer NOT be permitted to represent clients simultaneously?
In which scenario would a lawyer NOT be permitted to represent clients simultaneously?
Which is an essential element in a lawyer’s relationship to a client under the rules?
Which is an essential element in a lawyer’s relationship to a client under the rules?
What does 'informed consent' require from clients in the context of a conflict of interest?
What does 'informed consent' require from clients in the context of a conflict of interest?
Under what condition can a lawyer represent a client if there is a significant risk that representation could be materially limited?
Under what condition can a lawyer represent a client if there is a significant risk that representation could be materially limited?
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Study Notes
Rule 1.7: Conflict of Interest - Current Clients
- Lawyers must avoid representing clients when a concurrent conflict of interest exists.
- A concurrent conflict of interest arises in two key scenarios:
- Representation of one client is directly adverse to another client.
- A significant risk exists that a lawyer's duties to one client will materially limit representation of another due to responsibilities to other clients or personal interests.
Exemptions to Conflict of Interest
- Lawyers may represent clients despite a concurrent conflict if:
- They believe they can provide competent and diligent representation to all clients involved.
- The representation is not prohibited by law.
- The situation does not include a claim by one client against another in the same proceeding.
- All affected clients provide informed consent in writing.
General Principles
- Loyalty and independent judgment are critical to the lawyer-client relationship.
- Conflicts may arise from obligations to multiple clients, former clients, third parties, or personal interests.
- Specific regulations for various conflicts:
- Current client conflicts: Rule 1.7
- Former client conflicts: Rule 1.9
- Prospective client conflicts: Rule 1.18
Conflict Resolution Process
- The conflict of interest resolution involves several steps:
- Identify all relevant clients.
- Assess whether a conflict exists.
- Determine if representation can proceed despite the conflict (consentable).
- If consentable, consult with affected clients and obtain their informed consent in writing.
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