Lawyer MAY suggest self (OR associate) as executor of a will [MR 1.8 C.8]… BUT, still subject to concurrent conflict of interest Attraction to Client Lawyer’s Lawyer shall NOT have sexual relations w/ client unless such a relationship preceded commencement of lawyer-client relationship [MR 1.8(j)/CRPC In CA, post-LCR sexual relations NOT OK if required/demanded as condition, coercion/intimidation/undue influence, OR continuing such sexual relations after they have caused lawyer to perform legal services incompetently [CRPC 3-120(B)] Other lawyers within firm who are NOT representing client are NOT subject to same prohibition [MR 1.8(k)/CRPC 3-120(D)] relationship w/ opposing counsel Lawyer’s In MR, lawyer represent client in matter when may “ordinarily not” opposing counsel is related (parent, child, sibling, OR unless spouse)… informed consent from each client [MR 1.7 C.11] In CA, lawyer shall NOT represent when opposing counsel is related, lives w/ lawyer, is client of lawyer, OR has intimate personal relationship w/ unless client is informed in writing [CRPC 3-320] lawyer… CONFLICTS OF INTEREST: BETWEEN CLIENTS Conflicts w/ Former Clients Lawyer who has formerly represented a client shall NOT represent another person in the same/substantially related matter in which interests are person’s materially adverse to former client [MR 1.9(a)]… unless informed consent from former in CA, … client… OR, “informed [CRPC 3-310(E)] written consent” When substantially related, assumed that lawyer has confidential info [MR 1.9 C.3] factors to determine if matters are substantially Rosenfeld related… Factual similarity Legal similarity Nature/extent of w/ case attorney’s involvement Even when matters are wholly unrelated, lawyer may NOT represent someone directly adverse to current client [MR 1.7 C.6]
Lawyer MAY suggest self (OR associate) as executor of a will [MR 1.8 C.8]… BUT, still subject to concurrent conflict of interest Lawyer’s Attraction to Client Lawyer shall NOT have sexual relations w/ client unless such a relationship preceded commencement of lawyer-client relationship [MR 1.8(j)/CRPC In CA, post-LCR sexual relations NOT OK if required/demanded as condition, coercion/intimidation/undue influence, OR continuing such sexual relations after they have caused lawyer to perform legal services incompetently [CRPC 3-120(B)] Other lawyers within firm who are NOT representing client are NOT subject to same prohibition [MR 1.8(k)/CRPC 3-120(D)] Lawyer’s relationship w/ opposing counsel In MR, lawyer “ordinarily may not” represent client in matter when opposing counsel is related (parent, child, sibling, OR spouse)… unless informed consent from each client [MR 1.7 C.11] In CA, lawyer shall NOT represent when opposing counsel is related, lives w/ lawyer, is client of lawyer, OR has intimate personal relationship w/ lawyer… unless client is informed in writing [CRPC 3-320] CONFLICTS OF INTEREST: BETWEEN CLIENTS Conflicts w/ Former Clients Lawyer who has formerly represented a client shall NOT represent another person in the same/substantially related matter in which person’s interests are materially adverse to former client [MR 1.9(a)]… … unless informed consent from former client… OR, in CA, “informed written consent” [CRPC 3-310(E)] When substantially related, assumed that lawyer has confidential info [MR 1.9 C.3] Rosenfeld factors to determine if matters are substantially related… Factual similarity Legal similarity Nature/extent of attorney’s involvement w/ case Even when matters are wholly unrelated, lawyer may NOT represent someone directly adverse to current client [MR 1.7 C.6]
Ethical-Lawyering_Dant-Fall-2008.docx