Conflicts of Interest Flashcards

Two lawyers at different firms are married to each other. Lawyer A represents the plaintiff and Lawyer B represents the defendant in the same litigation. Under the Model Rules, which statement BEST describes this situation?

Answer: Each lawyer may proceed if the client gives informed written consent acknowledging the relationship

Under Rule 1.7 Comment [11], related lawyers opposing each other must disclose the relationship to their clients, and may proceed only with each client's informed written consent because of the significant risk that the lawyers' professional judgment will be affected.

An attorney in private practice wishes to take a legal position in one case that is directly contrary to a position the attorney is taking on behalf of another client in a separate, unrelated proceeding. Under what circumstances does this positional conflict require client consent?

Answer: Only when there is a significant risk that the position taken in one matter will create precedent directly adverse to the other client in the other matter

Under Rule 1.7 Comment [24], a positional conflict requires consent only when there is a significant risk that a lawyer's action on behalf of one client will materially limit the lawyer's effectiveness in representing another client in a different proceeding.

A criminal defense attorney is owed unpaid legal fees by the client and the client is now facing new criminal charges. The attorney asserts a retaining lien over the client's file. Under the conflict of interest rules, what is the primary concern?

Answer: Asserting a lien against a client in a criminal matter creates a conflict between the lawyer's personal financial interest and the client's need for full representation

Under Rule 1.8(i) and 1.7(a)(2), asserting a lien can create a personal interest conflict because the attorney's financial interest may impair the attorney's ability to provide zealous and undivided representation.

A former judge joins a private law firm. The judge had personally and substantially participated in a matter now before the firm. Under Model Rule 1.12, which statement is accurate?

Answer: The former judge is disqualified, but the firm may proceed if the judge is screened, receives no fee from the matter, and written notice is given to all parties and the tribunal

Rule 1.12(c) provides that disqualification of a former judge may be remedied by timely screening, no fee allocation to the former judge, and prompt written notice to the parties and the appropriate tribunal.

An insurance company retains an attorney to defend its insured in a personal injury lawsuit. The policy limits are $50,000, but the plaintiff is demanding $500,000. Who is the attorney's client under the Model Rules?

Answer: Both the insurer and the insured are clients, and a conflict may arise if their interests diverge

In the insurance defense context, the attorney's client is typically the insured, but duties may run to the insurer as well; when the insurer's interest in minimizing payout diverges from the insured's interest in full defense, a conflict arises requiring careful management.

Which of the following is an example of a conflict under Model Rule 1.7(a)(2) based on a lawyer's personal interest?

Answer: An attorney who has a significant financial stake in the outcome of the opposing party's success

Rule 1.7(a)(2) is triggered when the attorney's own interests — such as a financial stake in the opposing party's outcome — create a significant risk of materially limiting the representation.

An attorney represents a class in a class-action lawsuit. Before settlement, the attorney negotiates a separate fee arrangement with the defendant contingent on settling the class claims. Under the Model Rules, this arrangement is:

Answer: Prohibited, because negotiating the attorney's fee as part of settling the merits creates a conflict between the attorney's interest and the class members' interest

Simultaneously negotiating both the merits settlement and the attorney's fee creates a conflict under Rule 1.7(a)(2) because the attorney's financial interest may cause the attorney to accept an inadequate class settlement in exchange for a higher fee.