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Conflicts of Interest Flashcards
Multistate Professional Responsibility Exam Flashcards
| Front | Back |
| Advance waivers of conflicts | Certain conflicts can be pre-waived by a client with proper understanding and agreement |
| Business transactions with clients | Lawyers must ensure transactions with clients are fair, reasonable, and fully disclosed in writing |
| Concurrent versus joint representation | Concurrent representation involves unrelated matters while joint representation involves the same matter |
| Conflict checks | A systematic process to identify potential conflicts of interest before taking on a new client or matter |
| Conflicts in alternative dispute resolution | Mediators and arbitrators must avoid conflicts by maintaining neutrality |
| Conflicts in criminal cases | Conflicts may involve multiple defendants or plea agreements impacting co-clients |
| Consentability of conflicts | Not all conflicts can be waived even with informed consent |
| Definition of conflict of interest | A situation where a lawyer’s duties to one client may be compromised by personal or other client interests |
| Duty of confidentiality | Even after representation ends a lawyer must not use or reveal former clients’ confidential information |
| Duty to report client conflicts | Lawyers may have an obligation to disclose known conflicts to the client or tribunal |
| Exceptions to imputed disqualification | Properly screened lawyers or timely notice to relevant parties can allow continued representation |
| Former client conflicts | A lawyer cannot represent a new client against a former client if it involves the same or substantially related matter |
| Former government lawyer conflicts | Limits representation of private clients in matters the lawyer participated in as a government employee |
| General rule for concurrent clients | Lawyers must not represent clients with directly adverse interests unless there is informed consent |
| Implications of failing to identify conflicts | Consequences include malpractice claims, disciplinary actions, or client harm |
| Imputation of conflicts to a firm | Conflicts for one lawyer typically extend to all attorneys in the same firm |
| Informed client consent | Clients must be fully advised of risks and alternatives before waiving a conflict |
| Lateral transfers and conflict management | When lawyers change firms, screening and conflict checks minimize ethical risks |
| Material limitation conflicts | Arise when a lawyer’s responsibilities to another client or third person limit the representation |
| Personal interest conflicts | Occur when a lawyer’s own personal interests compromise their ability to represent a client |
| Potential versus actual conflict | A potential conflict exists when interests might conflict in the future while an actual conflict is present right now |
| Screening measures | Isolation of a conflicted lawyer from any participation or communication in a matter |
| Substantially related matter test | Determines if two matters share the same essential facts or issues creating a conflict |
| Successive representation rule | Prohibits representation of a new client against a former client in the same or related matter |
| Third-party payer conflicts | A conflict arises when a third party paying for representation seeks to direct or control the representation |
| Withdrawal and disqualification | Ethical 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.