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10 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What three types of conflict interest must an attorney be aware of?
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1. Actual
2. Potential 3. Imputed |
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"actual" conflict of interest
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1. interests of client are directly adverse to interests of another client or
2. significant risk the representation will be material limited by attorney's interest, or interest of another client, former client, or third party. |
An actual conflict by definition materially alters lawyer's ability to represent client, so withdrawal is mandatory.
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"potential conflict of interest"
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lawyer expects a conflict may exist but has not yet materially limited the representation; lawyer does not necessarily have direct info about a conflict, but a reasonable lawyer would expect one
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Get bonus points for suggesting what a reasonable attorney would do if there is a potential conflict: inform clients and obtain consent, advise them not to communicate confidential information until conflict is resolved; permissive withdrawal
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"imputed conflict of interest"
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One lawyer in a firm has a conflict of interest, the conflict is imputed on the other lawyers at the firm; even if lawyer has changed firms or left the government to work private or vice versa
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unconsentable conflicts
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a reasonable lawyer would not advise waiver of the conflict it is unconsentable and thus cannot be waived; consent will not resolve the conflict
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Representation in spite of conflicts
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1. lawyer must reasonably believe he can competently and diligently represent the parties
2. the representation cannot otherwise be prohibited by law 3. cannot ever happen when the parties are directly adverse in same case 4. consult and consent |
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In presence of conflict, withdrawal is mandatory:
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1. Representation would violate Rules of Professional Conduct
2. Lawyer's mental and physical impairment would impair representation 3. the lawyer is discharged |
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Duties Owed to Clients
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1. Loyalty: (conflicts of interes)
2. Confidentiality (confidentiality and attorney client privilege) 3. Financial duties (e.g. agreements, trust accounts) 4. competence and others (competence, diligence, communicate, withdraw) |
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Duties Owed to Third Parties
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1. Candor
2. Fairness 3. Dignity/Decorum 4. Other |
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Duty of Candor
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1. To the public: advertising and solicitation
2. To the tribunal: present facts and evidence truthfully, produce evidence, uphold the law |
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