MPRE Conflicts of Interest 1 — Questions and Answers
Question 1: Under Model Rule 1.7, a concurrent conflict of interest exists when the representation of one client will be directly adverse to another client. Which of the following BEST describes the 'directly adverse' standard?
- The lawyer represents clients whose legal interests are opposed in the same or a related matter (Correct answer)
- The lawyer represents clients who have a personal dislike for each other
- The lawyer represents clients who are business competitors in the same industry
- The lawyer represents clients with different economic interests in unrelated matters
Correct answer: The lawyer represents clients whose legal interests are opposed in the same or a related matter
Direct adversity under Rule 1.7(a)(1) requires that the representation of one client be directly adverse to another client in a legal sense, meaning their legal positions are in opposition in the same or related matter.
Question 2: An attorney represents a corporation and is asked to also represent the CEO individually on an unrelated contract dispute. Under Model Rule 1.7, which analysis applies?
- The representation is always permitted because the matters are unrelated
- The attorney must analyze whether there is a significant risk that representation of one client will materially limit the attorney's ability to represent the other (Correct answer)
- The representation is automatically disqualifying because the clients share an attorney-client relationship
- The representation requires consent only from the corporation, not the CEO
Correct answer: The attorney must analyze whether there is a significant risk that representation of one client will materially limit the attorney's ability to represent the other
Under Rule 1.7(a)(2), a conflict exists if there is a significant risk that representation of one client will be materially limited by the lawyer's responsibilities to another client, even in unrelated matters.
Question 3: Attorney wants to represent two co-defendants in a criminal matter. Both defendants consent in writing after full disclosure. Under what circumstances may the attorney proceed?
- Whenever both defendants provide informed written consent
- Only if the attorney reasonably believes the representation will not adversely affect either client and both give informed written consent (Correct answer)
- Only if the court approves the dual representation after a hearing
- Never, because criminal co-defendant representation is a per se conflict that cannot be waived
Correct answer: Only if the attorney reasonably believes the representation will not adversely affect either client and both give informed written consent
Under Rule 1.7(b), a lawyer may proceed despite a conflict if the lawyer reasonably believes representation of each client will not be adversely affected and each client gives informed written consent.
Question 4: An attorney wishes to enter into a business transaction with a current client. Under Model Rule 1.8(a), which of the following is REQUIRED?
- The transaction must be fair and reasonable to the client, disclosed in writing, the client must be advised in writing to seek independent counsel, and the client must give informed consent in writing (Correct answer)
- The transaction only requires oral disclosure and the client's oral consent
- The transaction is permitted as long as the attorney does not profit more than the client
- The transaction requires court approval to be enforceable
Correct answer: The transaction must be fair and reasonable to the client, disclosed in writing, the client must be advised in writing to seek independent counsel, and the client must give informed consent in writing
Rule 1.8(a) requires the transaction to be fair and reasonable, fully disclosed in writing in understandable terms, the client advised to seek independent counsel, and informed consent confirmed in writing.
Question 5: After representing Client A in a contract negotiation, the attorney's representation ends. A year later, Opposing Party B asks the attorney to sue Client A on a substantially related matter. What rule governs?
- Model Rule 1.7 (concurrent conflicts), because the attorney still owes duties to Client A
- Model Rule 1.9 (former client conflicts), which prohibits representation materially adverse to a former client in the same or substantially related matter without consent (Correct answer)
- Model Rule 1.10 (imputation), because the conflict extends to all firm members
- No rule applies because the attorney's representation of Client A has ended
Correct answer: Model Rule 1.9 (former client conflicts), which prohibits representation materially adverse to a former client in the same or substantially related matter without consent
Rule 1.9 governs former client conflicts and prohibits a lawyer from representing a new client in the same or a substantially related matter that is materially adverse to the former client without informed consent.
Question 6: Attorney A is disqualified from representing a client due to a personal conflict. Under Model Rule 1.10, which of the following is correct regarding imputation to Attorney A's firm?
- The disqualification is automatically imputed to all lawyers in Attorney A's firm unless an exception applies (Correct answer)
- Imputation only applies if Attorney A is the supervising partner
- Imputation does not apply if Attorney A works in a different office of the firm
- Imputation only applies in litigation matters, not transactional matters
Correct answer: The disqualification is automatically imputed to all lawyers in Attorney A's firm unless an exception applies
Under Rule 1.10(a), a disqualification of one lawyer in a firm is generally imputed to all lawyers in the firm, unless the conflict is based on the lawyer's personal interest and does not present a significant risk of materially limiting representation.
Question 7: Which of the following conflicts of interest under Model Rule 1.8 CANNOT be waived by client consent?
- A business transaction between attorney and client
- Preparing an instrument that gives the attorney a substantial gift from the client (when not closely related to the client) (Correct answer)
- Using client information to the client's disadvantage
- Representing clients with potentially conflicting interests in the same litigation
Correct answer: Preparing an instrument that gives the attorney a substantial gift from the client (when not closely related to the client)
Rule 1.8(c) prohibits a lawyer from preparing instruments that give the lawyer a substantial gift from the client unless the lawyer is related to the client; this prohibition cannot be waived.
MPRE Conflicts of Interest 1
Under Model Rule 1.7, a concurrent conflict of interest exists when the representation of one client will be directly adverse to another client.
Which of the following BEST describes the 'directly adverse' standard?