Multistate Professional Responsibility Exam Practice Question
Ivan previously helped Advanced App Solutions negotiate a contract concerning a confidential new design. Now, he is asked by a competitor of Advanced App Solutions to serve as counsel in a lawsuit about that same design. Which statement best addresses whether Ivan may take the case?
He can handle the new dispute because the earlier project involved contract discussions rather than litigation
He can accept the competitor representation if he shares abstract details about his earlier work, without raising the matter with the original client
Call the ethics hotline.
He can act on behalf of the competitor if any conflict is resolved, including getting the original client’s approval when his prior knowledge might be used
A lawyer who once represented a company in a specific matter generally cannot oppose that company in closely related disputes unless the parties address the conflict. The correct answer points out the need to ensure that any conflict is addressed, including obtaining the former client’s consent if confidential information might be used against them. Incorrect answers ignore the importance of safeguarding the former client’s information or of resolving the conflict before proceeding.
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What constitutes a conflict of interest in legal representation?
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What is the significance of client consent in legal ethics?
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What are the consequences of failing to address a conflict of interest?