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15 Cards in this Set
- Front
- Back
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L CANNOT represent or continue to represent X if either: |
1. the representation will be directly adverse to another client, OR 2. the representation may be materially limited by L's duties to someone else (including himself) |
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Because of the duty of unimpaired loyalty, L CANNOT represent X if... |
L's independent professional judgment would be impaired by conflicting interests |
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Because of the duty of confidentiality, L CANNOT represent X if... |
doing so would require L to give up another X's confidential information or secrets |
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What are the two duties L's owe to X's? |
1. Duty of unimpaired loyalty 2. Duty of confidentiality |
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Can X consent to representation despite conflicts of interest? |
YES--some but NOT ALL; still, 1. L must reasonably believe that the conflict will NOT adversely affect the representation, AND 2. X's consent must be explicit & fully informed
(NOTE: some rules require written consent) |
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X-L Conflicts of Interest |
Candy For Porcupines Is My Concern
Current Former Personal Imputed Movement Consent |
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When is the X-L relationship formed? |
1. L agrees to represent, OR 2. X reveals confidential information to L (creates a reasonable belief in duties of loyalty & confidentiality) |
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When do the X-L duties of confidentiality & loyalty apply? |
Once representation begins and they last after representation ends |
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When can a conflict NOT be waived even with X's consent? |
When the conflict is so blatant and unavoidable, thereby making consent objectively unreasonable |
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When can L NOT represent X? |
If representation will be directly adverse to another client; OR representation may be materially limited by L's duties to someone else |
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Can L argue a position on behalf of on X that is different than a position argued on behalf of another X? |
Not if success would harm the case of another one of L's clients |
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L CAN represent multiple X's in a single matter if... |
[NEED BOTH] 1. Obvious that L can adequately represent the interests of each X; AND 2. Each X gives informed consent
[NOTE: Conflict only applies if X's interests currently differ or potentially will differ, if not then NO CONFLICT] |
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Multiple-representation conflict issues re: criminal litigation |
HIGH POTENTIAL FOR CONFLICT!!! Not prohibited by the Model Rules but declining representation is encouraged
NOTE: Even when multiple representation is allowed still NEED NO adverse effect & X's informed consent |
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Multiple-representation conflict issues re: civil litigation |
ONLY PERMISSIBLE IF X's common interests do not differ materially
(substantial common interests w/ little potential for conflicting interests)
NOTE: Even when multiple representation is allowed still NEED NO adverse effect & X's informed consent |
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Multiple-representation conflict issues re: Non-litigation situations |
ONLY ALLOWED WHEN interests of X's do not differ materially (X's interests are NOT so divergent that multiple representation is needed)
NOTE: Even when multiple representation is allowed still NEED NO adverse effect & X's informed consent |
