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Conflicts of Interest  Flashcards

Multistate Professional Responsibility Exam Flashcards

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Advance waivers of conflictsCertain conflicts can be pre-waived by a client with proper understanding and agreement
Business transactions with clientsLawyers must ensure transactions with clients are fair, reasonable, and fully disclosed in writing
Concurrent versus joint representationConcurrent representation involves unrelated matters while joint representation involves the same matter
Conflict checksA systematic process to identify potential conflicts of interest before taking on a new client or matter
Conflicts in alternative dispute resolutionMediators and arbitrators must avoid conflicts by maintaining neutrality
Conflicts in criminal casesConflicts may involve multiple defendants or plea agreements impacting co-clients
Consentability of conflictsNot all conflicts can be waived even with informed consent
Definition of conflict of interestA situation where a lawyer’s duties to one client may be compromised by personal or other client interests
Duty of confidentialityEven after representation ends a lawyer must not use or reveal former clients’ confidential information
Duty to report client conflictsLawyers may have an obligation to disclose known conflicts to the client or tribunal
Exceptions to imputed disqualificationProperly screened lawyers or timely notice to relevant parties can allow continued representation
Former client conflictsA lawyer cannot represent a new client against a former client if it involves the same or substantially related matter
Former government lawyer conflictsLimits representation of private clients in matters the lawyer participated in as a government employee
General rule for concurrent clientsLawyers must not represent clients with directly adverse interests unless there is informed consent
Implications of failing to identify conflictsConsequences include malpractice claims, disciplinary actions, or client harm
Imputation of conflicts to a firmConflicts for one lawyer typically extend to all attorneys in the same firm
Informed client consentClients must be fully advised of risks and alternatives before waiving a conflict
Lateral transfers and conflict managementWhen lawyers change firms, screening and conflict checks minimize ethical risks
Material limitation conflictsArise when a lawyer’s responsibilities to another client or third person limit the representation
Personal interest conflictsOccur when a lawyer’s own personal interests compromise their ability to represent a client
Potential versus actual conflictA potential conflict exists when interests might conflict in the future while an actual conflict is present right now
Screening measuresIsolation of a conflicted lawyer from any participation or communication in a matter
Substantially related matter testDetermines if two matters share the same essential facts or issues creating a conflict
Successive representation ruleProhibits representation of a new client against a former client in the same or related matter
Third-party payer conflictsA conflict arises when a third party paying for representation seeks to direct or control the representation
Withdrawal and disqualificationEthical requirements demand withdrawing or being disqualified if the conflict cannot be resolved
In-depth study of identifying, evaluating, and managing conflicts of interest, including current and former client scenarios, and imputed disqualification rules.
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