Exam (elaborations)
MPRE - CONFLICTS OF INTEREST QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
- Course
- Institution
MPRE - CONFLICTS OF INTEREST QUESTIONS AND ANSWERS WITH SOLUTIONS 2024
[Show more]
Content preview
MPRE - CONFLICTS OF INTERESTQUESTIONS AND ANSWERS WITH
SOLUTIONS 2024
A lawyer SHALL NOT represent a client if the representation involves a concurrent conflict of interest.
What is a concurrent conflict of interest?
(Rule 1.7) - ANSWER 1. The representation will be directly adverse to another client
2. There is a significant risk that the representation of one or more clients will be materially limited by
the lawyer's responsibility to another client, a former client, a third person, or a personal interest of the
lawyer
Notwithstanding the existence of a concurrent conflict of interest, a lawyer MAY represent a client if
(Rule 1.7) - ANSWER 1. The lawyer reasonably believes that the lawyer will be able to provide competent
and diligent representation to each affected client AND
2. The representation is not prohibited by law AND
3. The representation does not involve the assertion of a claim by one client against another client
represented by the lawyer in the same litigation or other proceeding before a tribunal AND
4. Each affected client gives informed consent in writing
A lawyer SHALL NOT enter into a business transaction with a client or knowingly acquire an ownership,
possessory, security, or other pecuniary interest adverse to a client UNLESS
(Rule 1.8) - ANSWER 1. Transaction and terms are fair and reasonable and fully disclosed and transmitted
in a writing that can be reasonably understood by the client
2. Client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek
the advice of independent legal counsel on the transaction
3. Client gives signed informed consent to the essential terms of the transaction and the lawyer's role in
the transaction, including whether the lawyer is representing the client in the transaction
A lawyer SHALL NOT use information relating to the representation of a client to the disadvantage of the
client UNLESS
(Rule 1.8) - ANSWER The client gives informed consent, except as permitted or required by these Rules
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Performance. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $17.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
82191 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now