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Model Rules of Prof’l Conduct r. 1.7 (Am. Bar Ass’n 2016).
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1What is a concurrent conflict of interest?
What is a concurrent conflict of interest?2In general, may a lawyer represent a client if that representation would cause a concurrent conflict of interest?
In general, may a lawyer represent a client if that representation would cause a concurrent conflict of interest?3Under what circumstances may a lawyer represent a client notwithstanding a concurrent conflict of interest?
Under what circumstances may a lawyer represent a client notwithstanding a concurrent conflict of interest?4May a client revoke the client’s informed consent to a lawyer’s conflict of interest?
May a client revoke the client’s informed consent to a lawyer’s conflict of interest?5In general, does a concurrent conflict of interest arise if lawyers representing potentially adverse clients are related to one another by blood or...
In general, does a concurrent conflict of interest arise if lawyers representing potentially adverse clients are related to one another by blood or by marriage?6In general, may a lawyer properly ask a client to waive potential future conflicts of interest?
In general, may a lawyer properly ask a client to waive potential future conflicts of interest?7May a lawyer represent multiple clients who are asserting claims against one another in the same litigation if the clients give informed consent?
May a lawyer represent multiple clients who are asserting claims against one another in the same litigation if the clients give informed consent?8Under the Model Rules of Professional Conduct (MRPC), should a lawyer ordinarily agree to represent multiple defendants in a criminal case?
Under the Model Rules of Professional Conduct (MRPC), should a lawyer ordinarily agree to represent multiple defendants in a criminal case?9If a lawyer seeks to represent in a single matter multiple clients whose interests are not directly opposed, but which may diverge from one another...
If a lawyer seeks to represent in a single matter multiple clients whose interests are not directly opposed, but which may diverge from one another, is it possible for a conflict of interest to exist even though the clients are not formal adversaries in the matter?10A banker, an architect, and a developer wanted to establish a real estate company. The banker would provide the initial seed money and financing, t...
A banker, an architect, and a developer wanted to establish a real estate company. The banker would provide the initial seed money and financing, the architect would provide the architectural services, and the developer would provide the land for the initial real estate development. The banker, architect, and developer contacted a lawyer to assist them in forming their joint venture.Does a conflict of interest exist for the lawyer?11Does a concurrent conflict of interest arise if a lawyer represents one client in a matter that is directly adverse to another client, even if the ...
Does a concurrent conflict of interest arise if a lawyer represents one client in a matter that is directly adverse to another client, even if the lawyer does not represent both clients in the same matter?12Do the MRPC always prohibit a lawyer from taking inconsistent legal positions in different cases if any of those cases might create a precedent tha...
Do the MRPC always prohibit a lawyer from taking inconsistent legal positions in different cases if any of those cases might create a precedent that is adverse to one of the lawyer’s other clients?13May a lawyer disclose information relating to the representation of a current or former client in assessing conflicts of interest?
May a lawyer disclose information relating to the representation of a current or former client in assessing conflicts of interest?14A lawyer represented a woman in various tax matters. The lawyer also represented a local baker in various employment matters. One day, while the wo...
A lawyer represented a woman in various tax matters. The lawyer also represented a local baker in various employment matters. One day, while the woman was walking down the street, she was hit by the baker’s delivery truck and suffered injuries. The woman called the lawyer and said she wanted the lawyer to sue the baker on the woman’s behalf. Does the lawyer need to obtain informed consent from both the woman and the baker before the lawyer may take on the representation of the woman to sue the baker?15If a lawyer represents multiple clients in a matter, under what conditions may the lawyer participate in arranging a collective settlement of civil...
If a lawyer represents multiple clients in a matter, under what conditions may the lawyer participate in arranging a collective settlement of civil claims or a collective plea agreement to criminal charges?16In general, is a lawyer permitted to solicit a substantial gift from a client or to prepare on the client’s behalf any document giving a substantia...
In general, is a lawyer permitted to solicit a substantial gift from a client or to prepare on the client’s behalf any document giving a substantial gift to the lawyer?17A lawyer had represented a client for 20 years, and the client was genuinely grateful for the lawyer’s loyalty and wise counsel. The client instruc...
A lawyer had represented a client for 20 years, and the client was genuinely grateful for the lawyer’s loyalty and wise counsel. The client instructed the lawyer to revise the client’s will to provide for the lawyer to receive $100,000 from the client’s estate upon the client’s death. The lawyer tried to turn down the testamentary gift, but the client insisted. The lawyer and the client were not related to one another.May the lawyer prepare the will as instructed by the client?18While a lawyer is still representing a client, may the lawyer negotiate an agreement giving the lawyer literary or media rights to a story based in...
While a lawyer is still representing a client, may the lawyer negotiate an agreement giving the lawyer literary or media rights to a story based in substantial part on the representation?19In general, may a lawyer have sexual relations with a client?
In general, may a lawyer have sexual relations with a client?20In general, may a lawyer provide financial assistance to a client in connection with pending or contemplated litigation?
In general, may a lawyer provide financial assistance to a client in connection with pending or contemplated litigation?21Must a lawyer obtain informed consent from a former client to later represent another person in the same or a substantially related matter in which...
Must a lawyer obtain informed consent from a former client to later represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the former client’s interests?22If a lawyer’s prior firm represented a client in a matter, are there ethical restrictions on the lawyer’s ability to represent a person in the same...
If a lawyer’s prior firm represented a client in a matter, are there ethical restrictions on the lawyer’s ability to represent a person in the same or a substantially related matter after leaving the firm?23Is a lawyer restricted from using information relating to the representation of a former client in the representation of a new client?
Is a lawyer restricted from using information relating to the representation of a former client in the representation of a new client?24While serving as a state prosecutor, a lawyer prosecuted a man for driving while intoxicated (DWI). After the lawyer stopped working as a prosecuto...
While serving as a state prosecutor, a lawyer prosecuted a man for driving while intoxicated (DWI). After the lawyer stopped working as a prosecutor, he opened a criminal-defense practice. The state subsequently charged the man with committing a robbery that was unrelated to the DWI charge. The man asked the lawyer to represent him.May the lawyer represent the man in the robbery case?25Under the MRPC, what is the definition of a prospective client?
Under the MRPC, what is the definition of a prospective client?26Is a lawyer restricted from using information learned from a prospective client?
Is a lawyer restricted from using information learned from a prospective client?27In considering whether to take on a representation, should a lawyer limit the scope of the initial consultation with the prospective client to avoi...
In considering whether to take on a representation, should a lawyer limit the scope of the initial consultation with the prospective client to avoid acquiring potentially disqualifying information?28What does it mean to screen a lawyer from participating in a matter within a law firm?
What does it mean to screen a lawyer from participating in a matter within a law firm?29If a lawyer receives information from a prospective client that could be significantly harmful to that person in a matter, is the lawyer generally ...
If a lawyer receives information from a prospective client that could be significantly harmful to that person in a matter, is the lawyer generally permitted to represent a client with materially adverse interests to the prospective client in the same or a substantially related matter?30Before meeting with a prospective client, may a lawyer condition the meeting on the prospective client’s informed consent that no information provi...
Before meeting with a prospective client, may a lawyer condition the meeting on the prospective client’s informed consent that no information provided by the prospective client will restrict the lawyer from representing a different client in the matter?31A lawyer met with a man to discuss the lawyer’s possible representation of the man in a divorce matter. During the meeting, the man informed the la...
A lawyer met with a man to discuss the lawyer’s possible representation of the man in a divorce matter. During the meeting, the man informed the lawyer that he was engaged in a long-term extramarital affair. The man decided not to retain the lawyer. The man’s wife then consulted with the lawyer about representing her in the same divorce proceeding. The man vigorously objected to the lawyer representing his wife. Both the man and the wife were prospective clients as defined by the MRPC.May the lawyer represent the wife in the divorce proceeding?32In general, if lawyers are associated in a firm, may any of them knowingly represent a client if any one of the lawyers practicing alone would be p...
In general, if lawyers are associated in a firm, may any of them knowingly represent a client if any one of the lawyers practicing alone would be prohibited from doing so because of that lawyer’s duty to former or current clients?33If a law firm takes on a representation that one of the firm’s lawyers would be prohibited from taking because of that lawyer’s duty to a current o...
If a law firm takes on a representation that one of the firm’s lawyers would be prohibited from taking because of that lawyer’s duty to a current or former client, what must be included in the written notice provided to any affected former client to allow that client to ascertain the firm’s compliance with the rules of professional conduct?34After a lawyer has terminated an association with a firm, under what circumstances is the firm prohibited from representing a client with interests...
After a lawyer has terminated an association with a firm, under what circumstances is the firm prohibited from representing a client with interests materially adverse to those of a client represented by the formerly associated lawyer?35While a lawyer worked at a law firm, she represented a contractor in a construction dispute against a builder. During the representation, the lawye...
While a lawyer worked at a law firm, she represented a contractor in a construction dispute against a builder. During the representation, the lawyer left the firm and continued to represent the contractor in the dispute. Several lawyers who had worked on the dispute remained at the firm and retained confidential information material to the matter. The builder then asked the firm to represent him in the dispute. The contractor was unwilling to consent to this representation.May the firm take on the representation of the builder?36In general, may a lawyer acquire a proprietary interest in a cause of action or litigation in which the lawyer represents the client?
In general, may a lawyer acquire a proprietary interest in a cause of action or litigation in which the lawyer represents the client?37A lawyer was representing a client in a lawsuit regarding injuries the client sustained in a car accident. The client did not have the funds to pay...
A lawyer was representing a client in a lawsuit regarding injuries the client sustained in a car accident. The client did not have the funds to pay for the costs of litigation. At the outset of the representation, the lawyer agreed to pay the litigation costs. The lawyer and client agreed that if the client won the litigation, the lawyer would receive 10 percent of any damages awarded to the client in addition to the reasonable costs of litigation the lawyer expended on behalf of the client. If the client lost, the lawyer would not recoup his litigation expenses.Has the lawyer violated his ethical duties by setting up this payment structure?38In general, may a lawyer enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniar...
In general, may a lawyer enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client?39Does the prohibition on a lawyer entering a business transaction with a client apply to ordinary commercial transactions with a client in the cours...
Does the prohibition on a lawyer entering a business transaction with a client apply to ordinary commercial transactions with a client in the course of the client’s business?40If a lawyer enters into a business transaction with a client, do the MRPC impose heightened responsibilities if the lawyer simultaneously represent...
If a lawyer enters into a business transaction with a client, do the MRPC impose heightened responsibilities if the lawyer simultaneously represents the client in that transaction?41A lawyer was drafting a will for a client. During one of their meetings, the lawyer learned that the client needed money to open an ice-cream parlo...
A lawyer was drafting a will for a client. During one of their meetings, the lawyer learned that the client needed money to open an ice-cream parlor. The lawyer offered to lend the client the necessary money. The client accepted the lawyer’s offer.Must the lawyer comply with the ethical rules for entering into a business transaction with a client with respect to this loan?42A lawyer was drafting trust documents for a client, who was a plastic surgeon. At a meeting, the client described the types of nose jobs she typica...
A lawyer was drafting trust documents for a client, who was a plastic surgeon. At a meeting, the client described the types of nose jobs she typically performed. The lawyer decided that he would like the client to operate on his own nose. The client agreed to perform the surgery on the lawyer’s nose and did so the next day. The lawyer subsequently finished the trust documents.Was the lawyer’s purchase of the surgeon’s services subject to the ethical rules for entering into a business transaction with a client?43In general, may a lawyer accept compensation for a representation from someone other than the client?
In general, may a lawyer accept compensation for a representation from someone other than the client?44A woman was arrested for driving while intoxicated. The woman’s mother, worried for her daughter’s future, met with a lawyer who had a great deal o...
A woman was arrested for driving while intoxicated. The woman’s mother, worried for her daughter’s future, met with a lawyer who had a great deal of experience defending against criminal driving-while-intoxicated charges. The lawyer informed the woman’s mother that the lawyer’s retainer would be $3,000. The woman’s mother paid the $3,000 retainer, and the lawyer commenced the representation. The woman did not attend the meeting or discuss the representation with either her mother or the lawyer before her mother engaged the lawyer.Did the lawyer improperly commence the representation of the woman?45If a lawyer determines that a third party who is paying for the representation of a client has interests that differ from those of the client, what...
If a lawyer determines that a third party who is paying for the representation of a client has interests that differ from those of the client, what must the lawyer do?46A lawyer’s father-in-law recommended the lawyer to a man, and the man retained the lawyer. The lawyer’s father-in-law then contacted the lawyer and...
A lawyer’s father-in-law recommended the lawyer to a man, and the man retained the lawyer. The lawyer’s father-in-law then contacted the lawyer and explained to the lawyer that it was very important for the man to decide to enter into a business transaction with the father-in-law.May the lawyer take the father-in-law’s wishes into account in the representation of the man?47In general, may a lawyer who formerly served as an employee of the government subsequently represent a client in connection with a matter in which ...
In general, may a lawyer who formerly served as an employee of the government subsequently represent a client in connection with a matter in which the lawyer personally and substantially participated while working for the government?48In general, if a former government lawyer is disqualified from representing a client in connection with a matter that the lawyer worked on while in...
In general, if a former government lawyer is disqualified from representing a client in connection with a matter that the lawyer worked on while in government, is the lawyer’s law firm likewise disqualified?49For purposes of determining whether a lawyer who was a government employee or public officer is able to represent a private client, what is meant b...
For purposes of determining whether a lawyer who was a government employee or public officer is able to represent a private client, what is meant by the term confidential government information?50If a lawyer acquires confidential government information about a person while the lawyer is working as a government employee or public officer, is ...
If a lawyer acquires confidential government information about a person while the lawyer is working as a government employee or public officer, is the lawyer restricted from later representing a client who is adverse to that person?51A government lawyer oversaw an investigation into a business for alleged improper disposal of toxic waste. As part of the investigation, the govern...
A government lawyer oversaw an investigation into a business for alleged improper disposal of toxic waste. As part of the investigation, the government lawyer learned that a contractor oversaw the improper dumping and also learned information about the contractor that qualified as confidential government information. The government lawyer subsequently left the government and began working at a firm. The firm was contacted by a woman who wanted the firm’s assistance in suing the contractor for harms inflicted upon the woman as a result of the contractor’s oversight of the improper dumping of toxic waste. Is it possible for the firm to take on the representation of the woman?52In general, is a lawyer serving as a public officer or government employee subject to the normal duties of confidentiality regarding former and pro...
In general, is a lawyer serving as a public officer or government employee subject to the normal duties of confidentiality regarding former and prospective clients?53In general, may a lawyer serving as a public officer or government employee work on a matter while in government in which the lawyer participated b...
In general, may a lawyer serving as a public officer or government employee work on a matter while in government in which the lawyer participated before entering government?54In general, may a lawyer serving as a public officer or government employee negotiate for private employment with a party or a lawyer in a matter i...
In general, may a lawyer serving as a public officer or government employee negotiate for private employment with a party or a lawyer in a matter in which the lawyer is participating?55A government lawyer was overseeing an investigation into a business for improper dumping of toxic waste. The opposing lawyer worked at a prestigiou...
A government lawyer was overseeing an investigation into a business for improper dumping of toxic waste. The opposing lawyer worked at a prestigious private law firm in town and represented the business in the governmental investigation run by the government lawyer. The opposing lawyer came to respect the government lawyer and asked whether the government lawyer would come work at the opposing lawyer’s firm. The opposing lawyer offered him a lucrative salary. The government lawyer asked for the lucrative salary plus additional benefits.Has the government lawyer committed an ethical violation?56In general, may a lawyer represent a client in a matter in which the lawyer participated personally and substantially as a judge or other adjudicat...
In general, may a lawyer represent a client in a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, as a law clerk to a judge or other adjudicative officer, or as a third-party neutral (e.g., an arbitrator or mediator)?57In general, if a lawyer is disqualified from a matter because of the lawyer’s work as a judge, other adjudicative officer, third-party neutral, or ...
In general, if a lawyer is disqualified from a matter because of the lawyer’s work as a judge, other adjudicative officer, third-party neutral, or law clerk, is the lawyer’s firm also disqualified?58May a lawyer negotiate for employment with a party or a lawyer in a matter in which the lawyer is personally and substantially participating as a j...
May a lawyer negotiate for employment with a party or a lawyer in a matter in which the lawyer is personally and substantially participating as a judge, adjudicative officer, or third-party neutral?