If an attorney uses the confidential information of a current, former, or prospective
client to his own pecuniary gain, but the client is not disadvantaged by the attorney's
use of the information, the attorney can be subject to __________.
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Civil liability
A lawyer wants to put a clause in her standard retainer agreement providing that her
liability for legal malpractice claims is limited to the amount in fees paid by her client.
Is the clause valid under the Rules of Professional Conduct?
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, No, unless the client was independently represented in negotiating the
retainer agreement
If a lawyer's former firm represented a client in a matter, and the lawyer acquired
protected confidential information, the lawyer may not thereafter represent another
person in a substantially related matter if that person's interests are materially adverse
to those of the former client, unless __________.
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The former client gives informed consent, confirmed in writing
Husband and Wife want to hire Lawyer to draft their wills. After discussing what each
party wanted to include in their wills, Lawyer determined that she could effectively
represent both clients. She disclosed the potential conflict to Husband and Wife and
they gave their informed consent, confirmed in writing. In the process of preparing
their wills, Lawyer realizes that Husband and Wife each have assets that they are
hiding from the other and are at odds in how they want to divide joint assets. Given
that a reasonable attorney would advise the clients not to consent to continued joint
representation, what options are available to Lawyer?
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She can withdraw from representing both parties, or continue to represent
one party as long as the other party grants informed consent, confirmed in
writing
Lawyer L represents co-plaintiffs A and B in a wrongful death suit. Defendant D offers
A and B $1 million as an aggregate settlement. L disclosed all of the terms of the offer
, to both A and B and made sure that they had come to an agreement about how the
settlement would be divided among them. Can L now participate in the making of the
aggregate settlement?
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No, he must first receive informed consent from A and B in writing
A lawyer whose former firm represented a client in a matter and who acquired
information pertaining to the representation may not thereafter represent another
person in the same matter if that person's interests are __________________________________.
Give this one a try later!
Materially adverse to those of the former client (unless the former client
gives informed consent, confirmed in writing)
When a lawyer is representing multiple parties in a matter, she should make clear to
all of the parties that:
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Disclosures by one client will be shared with the other clients, and the
attorney-client privilege for communications with the lawyer cannot be
claimed by any of the parties in future litigation among those parties
Under the Sarbanes-Oxley Act, if a securities lawyer becomes aware of credible
evidence that her client is __________ a federal or state securities law, she __________ report
the evidence to her client's chief legal officer or chief executive officer.
client to his own pecuniary gain, but the client is not disadvantaged by the attorney's
use of the information, the attorney can be subject to __________.
Give this one a try later!
Civil liability
A lawyer wants to put a clause in her standard retainer agreement providing that her
liability for legal malpractice claims is limited to the amount in fees paid by her client.
Is the clause valid under the Rules of Professional Conduct?
Give this one a try later!
, No, unless the client was independently represented in negotiating the
retainer agreement
If a lawyer's former firm represented a client in a matter, and the lawyer acquired
protected confidential information, the lawyer may not thereafter represent another
person in a substantially related matter if that person's interests are materially adverse
to those of the former client, unless __________.
Give this one a try later!
The former client gives informed consent, confirmed in writing
Husband and Wife want to hire Lawyer to draft their wills. After discussing what each
party wanted to include in their wills, Lawyer determined that she could effectively
represent both clients. She disclosed the potential conflict to Husband and Wife and
they gave their informed consent, confirmed in writing. In the process of preparing
their wills, Lawyer realizes that Husband and Wife each have assets that they are
hiding from the other and are at odds in how they want to divide joint assets. Given
that a reasonable attorney would advise the clients not to consent to continued joint
representation, what options are available to Lawyer?
Give this one a try later!
She can withdraw from representing both parties, or continue to represent
one party as long as the other party grants informed consent, confirmed in
writing
Lawyer L represents co-plaintiffs A and B in a wrongful death suit. Defendant D offers
A and B $1 million as an aggregate settlement. L disclosed all of the terms of the offer
, to both A and B and made sure that they had come to an agreement about how the
settlement would be divided among them. Can L now participate in the making of the
aggregate settlement?
Give this one a try later!
No, he must first receive informed consent from A and B in writing
A lawyer whose former firm represented a client in a matter and who acquired
information pertaining to the representation may not thereafter represent another
person in the same matter if that person's interests are __________________________________.
Give this one a try later!
Materially adverse to those of the former client (unless the former client
gives informed consent, confirmed in writing)
When a lawyer is representing multiple parties in a matter, she should make clear to
all of the parties that:
Give this one a try later!
Disclosures by one client will be shared with the other clients, and the
attorney-client privilege for communications with the lawyer cannot be
claimed by any of the parties in future litigation among those parties
Under the Sarbanes-Oxley Act, if a securities lawyer becomes aware of credible
evidence that her client is __________ a federal or state securities law, she __________ report
the evidence to her client's chief legal officer or chief executive officer.
