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