Multistate Professional Responsibility Exam Practice Question
Pat and Deena are partners at Greenbridge Law. Pat represented a hardware distributor in litigation against a manufacturer. That matter is now finished, but it involved confidential pricing strategies that are still relevant. A month later, the same manufacturer asks Deena to represent it in a closely related lawsuit against the distributor over a new supply agreement. Deena had no involvement in Pat's earlier representation. Under the ABA Model Rules, may Deena undertake the new representation?
No. The conflict is imputed to Deena, and she may proceed only if both the distributor and the manufacturer give informed written consent.
Yes. Once Pat's earlier representation concluded, the firm is free to act adversely to the distributor in a related matter.
Yes, if Pat is strictly screened from the new case; no client consent is required once a timely screen is in place.
Yes. Because Deena did not work on Pat's matter, the conflict is personal to Pat and does not bar her representation.
Because Pat's prior, substantially related representation creates a former-client conflict under Rule 1.9, the conflict is imputed to every lawyer in the firm by Rule 1.10(a). The only way the firm can proceed is if each affected client-the distributor and the manufacturer-gives informed written consent after full disclosure. A unilateral screen within the firm does not cure the conflict, and the fact that Deena never worked on Pat's matter is irrelevant. The other responses misstate these principles: they wrongly claim that personal involvement is required, that a screen alone suffices, or that the conflict disappears once Pat's representation ends.
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What is Rule 1.9 and how does it apply to former-client conflicts?
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What does Rule 1.10(a) say about conflicts being imputed to other lawyers in a firm?
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What is 'informed written consent' and why is it needed to resolve conflicts under Rule 1.7 or 1.9?
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Multistate Professional Responsibility Exam
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