LA Bar Professional Responsibility 3 — Questions and Answers
Question 1: Attorney Cole represents Company A in a contract dispute. Company B, an adverse party, later asks Cole to represent it in an unrelated tax matter. Under LRPC 1.7, Cole:
- May represent Company B because the matters are unrelated
- Has a concurrent conflict and may not represent Company B without informed written consent of both clients (Correct answer)
- Must disclose the conflict only to Company A
- May freely represent Company B as long as different associates handle each matter
Correct answer: Has a concurrent conflict and may not represent Company B without informed written consent of both clients
LRPC 1.7 prohibits representing directly adverse parties concurrently without informed written consent from both clients.
Question 2: Under LRPC 1.9, a lawyer who has formerly represented a client in a matter may represent an adverse party in a new matter if:
- The new matter is substantially different and no material information was gained from the former client (Correct answer)
- The former client has moved out of state
- Three years have passed since the representation ended
- The lawyer returns all files from the prior representation
Correct answer: The new matter is substantially different and no material information was gained from the former client
LRPC 1.9 bars successive representation only where the matters are the same or substantially related and material confidential information was obtained.
Question 3: Under the Louisiana Rules, a lawyer in a firm is disqualified from a matter because of a personal conflict. Which statement best describes the effect on the rest of the firm?
- The entire firm is disqualified in all matters automatically
- Imputation rules may disqualify the firm unless the conflict is personal and screening procedures are in place (Correct answer)
- No other attorney in the firm is affected by one lawyer's personal conflict
- Only partners, not associates, share the disqualification
Correct answer: Imputation rules may disqualify the firm unless the conflict is personal and screening procedures are in place
Under LRPC 1.10, conflicts are generally imputed to the firm, but personal-interest conflicts may not be imputed if proper screening is used.
Question 4: An attorney wants to enter a business transaction with a current client. Under LRPC 1.8(a), the transaction is permissible only if:
- The attorney discloses the conflict verbally before signing
- The terms are fair, disclosed in writing, the client is advised to seek independent counsel, and the client consents in writing (Correct answer)
- The client waives the conflict in open court
- The attorney reduces his fee by 50% to compensate for the conflict
Correct answer: The terms are fair, disclosed in writing, the client is advised to seek independent counsel, and the client consents in writing
LRPC 1.8(a) requires that business transactions with clients be on fair terms, fully disclosed in writing, with independent counsel advised and written informed consent obtained.
Question 5: A lawyer represents co-defendants in a criminal case. One co-defendant offers to cooperate with prosecutors in exchange for a reduced charge that would harm the other co-defendant. Under the Louisiana Rules, the lawyer must:
- Advise both clients to cooperate with prosecutors equally
- Withdraw from representing both clients due to the unwaivable conflict (Correct answer)
- Allow the one cooperating client to proceed and continue representing the other
- Seek a court order permitting dual representation
Correct answer: Withdraw from representing both clients due to the unwaivable conflict
When co-defendants' interests become directly adverse — one seeking a deal against the other — the conflict is likely unwaivable and requires withdrawal from both representations.
Question 6: Under LRPC 1.8(e), a Louisiana attorney may provide financial assistance to a client in litigation by:
- Lending money for living expenses contingent on the outcome of the case
- Advancing court costs and expenses, repayable only if the client prevails (Correct answer)
- Paying the client's medical bills to facilitate a higher settlement
- Guaranteeing a loan for the client from a third-party lender
Correct answer: Advancing court costs and expenses, repayable only if the client prevails
LRPC 1.8(e) permits advancing litigation costs and expenses contingent on the outcome, but prohibits broader financial assistance.
Question 7: Attorney Vance negotiates a settlement on behalf of her client. The defendant offers a lump sum to settle all claims of all plaintiffs Vance represents. Under LRPC 1.8(g), Vance:
- May accept the aggregate settlement without individual consent if it is in their overall best interest
- Must obtain informed consent from each client after disclosure of the settlement's terms (Correct answer)
- May accept if a majority of clients approve
- May accept if the settlement exceeds her minimum acceptable threshold for each client
Correct answer: Must obtain informed consent from each client after disclosure of the settlement's terms
LRPC 1.8(g) prohibits aggregate settlements without the informed consent of each client after full disclosure.
LA Bar Professional Responsibility 3
Attorney Cole represents Company A in a contract dispute.
Company B, an adverse party, later asks Cole to represent it in an unrelated tax matter.
Under LRPC 1.7, Cole: