Conflicts of Interest - Module 4 of 5

Question 1

Which of the following duties may be negatively impacted when a lawyer represents two clients who have a conflict of interests between them?

Duty of competent and diligent representation

Duty of loyalty

Duty to protect confidential information

All of the above

Question 2

Which of the following is true?

A lawyer may never agree to a representation if it would result in a conflict of interests between her clients

A lawyer may not agree to a representation resulting in a conflict of interest if she does not reasonably believe she would be able to meet her duties to each client

It is up to the complete discretion of the lawyer whether to agree to a representation involving a conflict of interests

A lawyer may agree to undertake a representation resulting in a conflict of interest only if the conflict is with the interests of a past client?

Question 3

Which of the following is likely not an example of a conflict of interest?

Representing a client who is suing another individual who is a client of the lawyer in another matter

A lawyer who individually represents several parties who seek to form a business partnership

A lawyer who represents two business competitors in completely separate divorce proceedings with their spouses.

A lawyer who engages in settlement negotiations on behalf of a client, with an individual whom he represents in another matter

Question 4

In which of the following circumstances would a client’s agreement to waive a conflict of interest permit a lawyer to proceed with a representation?

The interests of the client are adverse to the party the lawyer seeks to represent

The representation is prohibited by state or federal law

The agreement to waive the conflict is not reduced to writing

The lawyer seeks to represent opposing parties in the same case

Question 5

Which of the following is not a factor in determining whether a lawyer may accept a new legal representation despite having a conflict of interest with a former client?

Whether the new matter is the same or substantially related to that for which the lawyer represented the former client

Whether the former client and the new client have a pre-existing relationship

Whether the new representation poses a risk to the legal or financial interests of the former client

Whether the new client and the former client provide informed consent to the lawyer to carry out the new representation

Question 6

Which of the following is not required for the conflict of interest of a lawyer to be imputed to others lawyers?

The lawyer works with other lawyer in a law firm or legal services company

The lawyer has confidential information about a former client

A new representation would be adverse of the interests of a former client

There is evidence that the lawyer shared confidential information about the former client with colleagues

Question 7

Fill in the blank. If a lawyer in a law firm is disqualified from representing a prospective client because the lawyer has confidential information about a former client, then _____?

The disqualified lawyer’s colleagues at the law firm may represent the client

The disqualified lawyer’s colleagues at the law firm may represent the client if they both screen off the disqualified lawyer from the representation and seek informed consent from the former client

The disqualified lawyer’s colleagues at the law firm may represent the client if they either screen off the disqualified lawyer from participating in the representation or seek informed consent from the former client

The lawyer may represent the client because he represented his former client while he worked at a different law firm

Question 8

Which of the following is not prohibited by the rules of legal ethics?

Soliciting gifts from a client

Accepting gifts from a client

Initiating a sexual relationship with a client

Engaging in a business transaction with a client which the lawyer knows is unfair to the client

Question 9

Which of the following, if true, would mean that a lawyer would not need to seek informed consent from one client in order to represent another client?

the lawyer reasonably believe that she will be able to provide competent and diligent representation to each client despite a conflict of interests

the interests of the two clients are not materially adverse to each other

the only connection between the lawyer and the conflicted client is through an associate of the lawyer at a law firm

representation of the two clients is not prohibited by law

Question 10

Which of the following is true?

All conflicts of interest may be waived with informed consent of the affected parties

Conflicts of interests are always a matter of the adverse interests of clients, and not conflicts between a client and the personal interests of a lawyer

A lawyer may never represent both parties in the same case

Conflicts of interest only arise when a lawyer represents a client in a litigation, but not when a lawyer represents a client in other legal matters, such as negotiating a business transaction