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9 Cards in this Set
- Front
- Back
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Concurrent COI
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A lawyer shall not represent a client if the representation involves a concurrent COI.
It is concurrent if : 1) The represenation of one client will be directly adverse to another reprensetation. 2)There is significant risk that the representation will be materially limited by the lawyers responsibility to another client, former client, third person, or lawyers own intersts. |
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Current clients
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The representation is permitted if
1) the lawyer reasonably believes that the lawyer will be able to proceed with competent and diligent representation to each affected client. 2) The representation is not prohibited by law. 3) there is no direct conflict of interest. 4) each client give IWC |
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POTENTIAL CONFLICTS OF INTEREST
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To proceed where there is a potential COI, the atty must get
1) informed written consent 2) lawyer must tell each client why there is a potential conflict, what will happen if it arises (withdrawal) and suggest each client have seperate counsel. |
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FORMER CLIENT
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A lawyer who has formerly represented a client shall not represent anotehr person in the same or substantially related matter that is adverse to the former client unless the former client gives IWC
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BUSINESS TRANSACTIONS WITH A CLIENT
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For a lawyer to engage in business with a client or take a pecuniary interst adverse to the client, the transacton must be
1) fari and reasonable 2) fully disclosed in writing 3) the client advised in writing to seek independnet counsel 4) given reasonable time to do so 5) IWC |
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INFORMATION GINED THROUGh REPRESENTATION
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A awyer may neve use confidential info to the disadvantage of a former client except as permitted by the RPC
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GIFTS
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A lawyer shall not solicit gifts from a client or preapte and instrument making ht elawyer a recpient of such gifts (unless related)
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TRUSTEE
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WA frowns on lawyer smaking themselves trustees if they stnad to make a lot of money from it
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MEDIA RIGHTS
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Prior to the conclusion of representaiton, a lawyer hsall not make or negotiate an agrement giviing the lawyer literary or media rights to a portrayal or acct based in substantial part on information relating to the representaiton.
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