1.7: Conflict of Interest in Client-Lawyer Relationship

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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?

A significant risk of material limitation by the lawyer's responsibilities to another client (D) 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?

The representation is not prohibited by law (D) Signup and view all the answers

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

Responsibilities to another client, a former client, or a third person (A) 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?

Identify the clients (B) Signup and view all the answers

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

If the conflict is consentable (A) Signup and view all the answers

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

Withdraw from the representation (C) Signup and view all the answers

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

To show compliance with legal regulations (C) Signup and view all the answers

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

Impairment of effective representation (C) Signup and view all the answers

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

Seek court approval and minimize harm to clients (C) Signup and view all the answers

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

To minimize harm to the clients involved (C) 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?

"The ability to comply with duties owed to former client & represent remaining clients" (D) 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?

When informed consent is provided by each client (C) Signup and view all the answers

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

If the relationship started before the formation of the client-lawyer relationship (A) Signup and view all the answers

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

When the client is informed and consents (D) 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?

Comply with certain requirements before accepting the representation (D) Signup and view all the answers

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

Yes, in many situations if they are adequately informed (D) Signup and view all the answers

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

When substantive law prohibits representation of two defendants in a capital case by the same lawyer (A) Signup and view all the answers

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

Awareness of relevant circumstances and potential adverse effects on the client's interests (D) Signup and view all the answers

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

Whether their interests will be adequately protected with informed consent (C) Signup and view all the answers

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

Conflicts arising due to institutional interest in developing each client's position vigorously (C) Signup and view all the answers

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

Whether they can provide competent and diligent representation in such cases (D) Signup and view all the answers

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

Cross-examining a client who appears as a witness against another client (A) 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?

Duty of loyalty foreclosing certain available alternatives due to other responsibilities (C) 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?

Having undisclosed financial interests in referred enterprises (A) Signup and view all the answers

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

Significant risk that the lawyer's ability will be materially limited due to other responsibilities (C) Signup and view all the answers

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

Referring clients to enterprises where the lawyer has undisclosed financial interest (B) Signup and view all the answers

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

By having undisclosed financial interests in referred enterprises (B) 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?

Ensure that each client is aware of the existence and implications of the relationship (B) Signup and view all the answers

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

'Material limitation' refers to significant risk that the lawyer's ability will be materially limited due to other responsibilities. (A) Signup and view all the answers

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

'Personal interest conflicts' may arise from having discussions concerning possible employment with an opponent of the lawyer's client. (C) 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?

Seek informed consent from each client before undertaking the representation. (A) Signup and view all the answers

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

Implications of common representation on loyalty, confidentiality, and attorney-client privilege (A) Signup and view all the answers

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

Each party may have to obtain separate representation (A) Signup and view all the answers

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

Consent confirmed in writing (A) Signup and view all the answers

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

Within a reasonable time after obtaining oral consent (A) Signup and view all the answers

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

To impress upon clients the seriousness of the decision and avoid disputes or ambiguities (B) Signup and view all the answers

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

Yes, they can revoke consent at any time (A) Signup and view all the answers

What determines the effectiveness of waivers regarding potential future conflicts?

The extent to which the client understands the material risks of the waiver (C) Signup and view all the answers

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

$The waiver is comprehensive and explains potential future representations and risks$ (A) 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?

Obtain or transmit it within a reasonable time thereafter. (B) Signup and view all the answers

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

Explain risks, advantages, and available alternatives regarding conflicts of interest. (C) Signup and view all the answers

When can advance consent to conflicts be effective?

When the client is independently represented by other counsel in giving consent (C) Signup and view all the answers

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

In criminal cases involving multiple defendants (A) Signup and view all the answers

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

Yes, as long as the clients are unrelated (A) Signup and view all the answers

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

The significance of the issue to the immediate and long-term interests of the clients involved (C) Signup and view all the answers

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

Representation of parties with conflicting interests in the same litigation (D) Signup and view all the answers

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

When representing an opponent in a class action (B) Signup and view all the answers

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

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

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

'Informed' consent from all involved parties (D) Signup and view all the answers

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

Equal loyalty (B) Signup and view all the answers

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

As part of obtaining informed consent (B) 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?

Withdraw from the representation (D) Signup and view all the answers

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

Impartial advisor (A) Signup and view all the answers

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

No, not at all (A) Signup and view all the answers

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

When specific conditions are met (A) Signup and view all the answers

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

Seek legal advice before resigning. (B) Signup and view all the answers

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

In circumstances where conflict of interest arises. (B) Signup and view all the answers

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

Matters discussed may not be protected by privilege. (A) Signup and view all the answers

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

Clearly communicate the lawyer's relationship to the parties involved (A) Signup and view all the answers

When can common representation be permissible according to the text?

When clients are generally aligned in interest (C) Signup and view all the answers

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

Because it leads to additional cost, embarrassment, and recrimination (C) Signup and view all the answers

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

The effect on client-lawyer confidentiality and attorney-client privilege (C) Signup and view all the answers

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

When litigation or negotiations between the clients are imminent (D) Signup and view all the answers

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

The privilege does not attach between commonly represented clients (B) Signup and view all the answers

In what situation might continued common representation be inadequate?

When one client asks for information relevant to common representation not to be disclosed to another client (B) Signup and view all the answers

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

Failure of potentially adverse interests reconciliation (A) Signup and view all the answers

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

Advise against common representation and suggest separate legal counsel for each party (D) Signup and view all the answers

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

Inability to maintain impartiality between commonly represented clients (A) Signup and view all the answers