1.7: Conflict of Interest in Client-Lawyer Relationship
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Questions and Answers

What type of conflict of interest exists if the representation of one client will be directly adverse to another client?

  • Concurrent conflict of interest (correct)
  • Past conflict of interest
  • No conflict of interest
  • Potential conflict of interest

    • In the lawyer-client relationship, what are essential elements according to the text?

  • Loyalty and independent judgment (correct)
  • Deception and manipulation
  • Negligence and partiality
  • Aggressiveness and competitiveness

    • When can a lawyer represent a client despite the existence of concurrent conflict of interest?

  • When there is no conflict at all
  • When the lawyer's interests align with the case
  • When each affected client gives informed consent (correct)
  • When the lawyer takes sides

    • What will prevent a lawyer from representing a client in the presence of concurrent conflict of interest?

    <p>A significant risk of material limitation by the lawyer's responsibilities to another client</p> Signup and view all the answers

    Under what circumstance can a lawyer assert a claim by one client against another client represented by the lawyer?

    <p>The representation is not prohibited by law</p> Signup and view all the answers

    From what sources can concurrent conflicts of interest arise according to the text?

    <p>Responsibilities to another client, a former client, or a third person</p> Signup and view all the answers

    What is the first step a lawyer must take to resolve a conflict of interest problem under this Rule?

    <p>Identify the clients</p> Signup and view all the answers

    In the case of a conflict of interest, when can a lawyer undertake representation despite the conflict?

    <p>If the conflict is consentable</p> Signup and view all the answers

    What should a lawyer do if a conflict of interest arises after representation has been undertaken?

    <p>Withdraw from the representation</p> Signup and view all the answers

    Why should a lawyer adopt reasonable procedures to determine conflicts in both litigation and non-litigation matters?

    <p>To show compliance with legal regulations</p> Signup and view all the answers

    In a conflict situation, why might the client feel betrayed if the lawyer undertakes directly adverse representation?

    <p>Impairment of effective representation</p> Signup and view all the answers

    What must a lawyer do if unforeseeable developments create conflicts in the midst of a representation?

    <p>Seek court approval and minimize harm to clients</p> Signup and view all the answers

    Why may a lawyer withdraw from one representation to avoid a conflict that arises due to unforeseeable developments?

    <p>To minimize harm to the clients involved</p> Signup and view all the answers

    What is a key factor in determining whether a lawyer can continue to represent a client when multiple clients are involved?

    <p>&quot;The ability to comply with duties owed to former client &amp; represent remaining clients&quot;</p> Signup and view all the answers

    When can a lawyer related to another lawyer represent a client where the other lawyer is representing another party?

    <p>When informed consent is provided by each client</p> Signup and view all the answers

    Under what circumstances is a lawyer allowed to engage in sexual relationships with a client?

    <p>If the relationship started before the formation of the client-lawyer relationship</p> Signup and view all the answers

    When is a lawyer allowed to be paid for their services from a source other than the client?

    <p>When the client is informed and consents</p> Signup and view all the answers

    What must a lawyer do if there is a significant risk that their representation of a client will be limited by their own interests?

    <p>Comply with certain requirements before accepting the representation</p> Signup and view all the answers

    Can clients consent to representation even in situations where there is a conflict of interest?

    <p>Yes, in many situations if they are adequately informed</p> Signup and view all the answers

    In which scenario is a conflict of interest nonconsentable according to applicable law?

    <p>When substantive law prohibits representation of two defendants in a capital case by the same lawyer</p> Signup and view all the answers

    What does 'informed consent' require according to Rule 1.0(e)?

    <p>Awareness of relevant circumstances and potential adverse effects on the client's interests</p> Signup and view all the answers

    What determines whether clients can consent to multiple representation burdened by a conflict of interest?

    <p>Whether their interests will be adequately protected with informed consent</p> Signup and view all the answers

    What kind of conflicts are nonconsentable under paragraph (b)(3)?

    <p>Conflicts arising due to institutional interest in developing each client's position vigorously</p> Signup and view all the answers

    What must a lawyer consider before accepting multiple representation of adverse parties to a mediation?

    <p>Whether they can provide competent and diligent representation in such cases</p> Signup and view all the answers

    In which situation would a conflict of interest most likely arise for a lawyer according to the text?

    <p>Cross-examining a client who appears as a witness against another client</p> Signup and view all the answers

    What could lead to a conflict of interest if a lawyer is asked to represent individuals forming a joint venture?

    <p>Duty of loyalty foreclosing certain available alternatives due to other responsibilities</p> Signup and view all the answers

    What might cause a conflict of interest if a lawyer has discussions about possible employment with an opponent of the lawyer's client?

    <p>Having undisclosed financial interests in referred enterprises</p> Signup and view all the answers

    When might a conflict of interest exist even if there is no direct adverseness between clients?

    <p>Significant risk that the lawyer's ability will be materially limited due to other responsibilities</p> Signup and view all the answers

    What personal interest conflict should a lawyer avoid according to the text?

    <p>Referring clients to enterprises where the lawyer has undisclosed financial interest</p> Signup and view all the answers

    How might a lawyer's personal interest affect representation according to the text?

    <p>By having undisclosed financial interests in referred enterprises</p> Signup and view all the answers

    What should lawyers do if they are closely related by blood or marriage and represent different clients in related matters?

    <p>Ensure that each client is aware of the existence and implications of the relationship</p> Signup and view all the answers

    'Material limitation' in identifying conflicts of interest refers to what according to the text?

    <p>'Material limitation' refers to significant risk that the lawyer's ability will be materially limited due to other responsibilities.</p> Signup and view all the answers

    'Personal interest conflicts' according to the text may result from what action by a lawyer?

    <p>'Personal interest conflicts' may arise from having discussions concerning possible employment with an opponent of the lawyer's client.</p> Signup and view all the answers

    What should a lawyer do if they are asked to represent the seller of a business in negotiations with a buyer represented by the same lawyer in another matter?

    <p>Seek informed consent from each client before undertaking the representation.</p> Signup and view all the answers

    What must a lawyer consider when representing multiple clients in a single matter?

    <p>Implications of common representation on loyalty, confidentiality, and attorney-client privilege</p> Signup and view all the answers

    If it is impossible to obtain consent due to a conflict in representation, what may be the alternative?

    <p>Each party may have to obtain separate representation</p> Signup and view all the answers

    What does paragraph (b) require from a lawyer when obtaining a client's informed consent?

    <p>Consent confirmed in writing</p> Signup and view all the answers

    When must a lawyer obtain or transmit the writing regarding informed consent?

    <p>Within a reasonable time after obtaining oral consent</p> Signup and view all the answers

    What is the purpose of requiring a writing for informed consent?

    <p>To impress upon clients the seriousness of the decision and avoid disputes or ambiguities</p> Signup and view all the answers

    Can a client who gave consent to a conflict revoke that consent?

    <p>Yes, they can revoke consent at any time</p> Signup and view all the answers

    What determines the effectiveness of waivers regarding potential future conflicts?

    <p>The extent to which the client understands the material risks of the waiver</p> Signup and view all the answers

    Under what circumstances might a client waiving conflicts that could arise in the future be effective?

    <p>$The waiver is comprehensive and explains potential future representations and risks$</p> Signup and view all the answers

    What should a lawyer do if it is not feasible to obtain or transmit the writing at the time the client gives informed consent?

    <p>Obtain or transmit it within a reasonable time thereafter.</p> Signup and view all the answers

    What should a lawyer talk to their client about even if informed consent has been obtained in writing?

    <p>Explain risks, advantages, and available alternatives regarding conflicts of interest.</p> Signup and view all the answers

    When can advance consent to conflicts be effective?

    <p>When the client is independently represented by other counsel in giving consent</p> Signup and view all the answers

    In which cases should a lawyer ordinarily decline to represent more than one codefendant?

    <p>In criminal cases involving multiple defendants</p> Signup and view all the answers

    Under the rule, can a lawyer take inconsistent legal positions on behalf of different clients?

    <p>Yes, as long as the clients are unrelated</p> Signup and view all the answers

    What factors can be relevant in determining whether clients need to be advised of potential risks?

    <p>The significance of the issue to the immediate and long-term interests of the clients involved</p> Signup and view all the answers

    What does paragraph (b)(3) prohibit regarding representation in litigation?

    <p>Representation of parties with conflicting interests in the same litigation</p> Signup and view all the answers

    When can a lawyer avoid getting consent from unnamed class members before representing a client suing them?

    <p>When representing an opponent in a class action</p> Signup and view all the answers

    In what situation does a conflict of interest exist according to the text?

    <p>If there is a significant risk that a lawyer's action on behalf of one client will materially limit effectiveness for another client</p> Signup and view all the answers

    What type of consent is required for advance consent to be effective?

    <p>'Informed' consent from all involved parties</p> Signup and view all the answers

    What duty does a lawyer owe to each client in a common representation?

    <p>Equal loyalty</p> Signup and view all the answers

    In a common representation, when should the lawyer inform each client about sharing information?

    <p>As part of obtaining informed consent</p> Signup and view all the answers

    What should the lawyer do if one client wishes to withhold material information from the other in a common representation?

    <p>Withdraw from the representation</p> Signup and view all the answers

    What role does the lawyer play when establishing or adjusting relationships between clients in a common representation?

    <p>Impartial advisor</p> Signup and view all the answers

    When representing an organization, does the lawyer necessarily represent its affiliates?

    <p>No, not at all</p> Signup and view all the answers

    Under what circumstances can a lawyer for an organization accept representation adverse to an affiliate?

    <p>When specific conditions are met</p> Signup and view all the answers

    What action should a lawyer take when considering resignation from a board of directors due to potential conflicts?

    <p>Seek legal advice before resigning.</p> Signup and view all the answers

    When might a lawyer need to recuse themselves as a director within an organization?

    <p>In circumstances where conflict of interest arises.</p> Signup and view all the answers

    What warning should a lawyer provide regarding discussions at board meetings?

    <p>Matters discussed may not be protected by privilege.</p> Signup and view all the answers

    What should a lawyer do to comply with conflict of interest rules?

    <p>Clearly communicate the lawyer's relationship to the parties involved</p> Signup and view all the answers

    When can common representation be permissible according to the text?

    <p>When clients are generally aligned in interest</p> Signup and view all the answers

    Why might a lawyer be forced to withdraw from representing all clients in a common representation scenario?

    <p>Because it leads to additional cost, embarrassment, and recrimination</p> Signup and view all the answers

    What is a critical factor in determining the appropriateness of common representation according to the text?

    <p>The effect on client-lawyer confidentiality and attorney-client privilege</p> Signup and view all the answers

    Under what circumstances might a lawyer be unable to undertake common representation of clients?

    <p>When litigation or negotiations between the clients are imminent</p> Signup and view all the answers

    What must be assumed about the attorney-client privilege between commonly represented clients?

    <p>The privilege does not attach between commonly represented clients</p> Signup and view all the answers

    In what situation might continued common representation be inadequate?

    <p>When one client asks for information relevant to common representation not to be disclosed to another client</p> Signup and view all the answers

    What can lead to additional cost, embarrassment, and recrimination in a common representation scenario?

    <p>Failure of potentially adverse interests reconciliation</p> Signup and view all the answers

    What should a lawyer do if it is unlikely that impartiality can be maintained in common representation?

    <p>Advise against common representation and suggest separate legal counsel for each party</p> Signup and view all the answers

    What is a particular risk associated with common representation that could lead to withdrawal from all clients?

    <p>Inability to maintain impartiality between commonly represented clients</p> Signup and view all the answers

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