MPRE Conflicts of Interest

Question 1

Under Model Rule 1.7, a concurrent conflict of interest exists when the representation of one client will be directly adverse to another client.
Which of the following BEST describes the 'directly adverse' standard?

Accepted Answer

The lawyer represents clients whose legal interests are opposed in the same or a related matter

Answer

The lawyer represents clients who have a personal dislike for each other

Answer

The lawyer represents clients who are business competitors in the same industry

Answer

The lawyer represents clients with different economic interests in unrelated matters

Question 2

An attorney represents a corporation and is asked to also represent the CEO individually on an unrelated contract dispute. Under Model Rule 1.7, which analysis applies?

Accepted Answer

The attorney must analyze whether there is a significant risk that representation of one client will materially limit the attorney's ability to represent the other

Answer

The representation is always permitted because the matters are unrelated

Answer

The representation is automatically disqualifying because the clients share an attorney-client relationship

Answer

The representation requires consent only from the corporation, not the CEO

Question 3

Attorney wants to represent two co-defendants in a criminal matter. Both defendants consent in writing after full disclosure. Under what circumstances may the attorney proceed?

Accepted Answer

Only if the attorney reasonably believes the representation will not adversely affect either client and both give informed written consent

Answer

Whenever both defendants provide informed written consent

Answer

Only if the court approves the dual representation after a hearing

Answer

Never, because criminal co-defendant representation is a per se conflict that cannot be waived

Question 4

An attorney wishes to enter into a business transaction with a current client. Under Model Rule 1.8(a), which of the following is REQUIRED?

Accepted Answer

The transaction must be fair and reasonable to the client, disclosed in writing, the client must be advised in writing to seek independent counsel, and the client must give informed consent in writing

Answer

The transaction only requires oral disclosure and the client's oral consent

Answer

The transaction is permitted as long as the attorney does not profit more than the client

Answer

The transaction requires court approval to be enforceable

Question 5

After representing Client A in a contract negotiation, the attorney's representation ends. A year later, Opposing Party B asks the attorney to sue Client A on a substantially related matter. What rule governs?

Accepted Answer

Model Rule 1.9 (former client conflicts), which prohibits representation materially adverse to a former client in the same or substantially related matter without consent

Answer

Model Rule 1.7 (concurrent conflicts), because the attorney still owes duties to Client A

Answer

Model Rule 1.10 (imputation), because the conflict extends to all firm members

Answer

No rule applies because the attorney's representation of Client A has ended

Question 6

Attorney A is disqualified from representing a client due to a personal conflict. Under Model Rule 1.10, which of the following is correct regarding imputation to Attorney A's firm?

Accepted Answer

The disqualification is automatically imputed to all lawyers in Attorney A's firm unless an exception applies

Answer

Imputation only applies if Attorney A is the supervising partner

Answer

Imputation does not apply if Attorney A works in a different office of the firm

Answer

Imputation only applies in litigation matters, not transactional matters

Question 7

Which of the following conflicts of interest under Model Rule 1.8 CANNOT be waived by client consent?

Accepted Answer

Preparing an instrument that gives the attorney a substantial gift from the client (when not closely related to the client)

Answer

A business transaction between attorney and client

Answer

Using client information to the client's disadvantage

Answer

Representing clients with potentially conflicting interests in the same litigation