MPRE Conflicts of Interest 2 — Questions and Answers
Question 1: A government attorney leaves public service and joins a private firm. A former government matter on which the attorney personally and substantially participated is now before the firm. Under Model Rule 1.11, what is the most accurate statement?
- The former government attorney is disqualified, and the disqualification is automatically imputed to the entire firm
- The former government attorney is disqualified, but the firm may continue if it screens the attorney, provides written notice to the agency, and certifies compliance (Correct answer)
- The former government attorney may participate with written government consent only
- No conflict exists because government service creates no continuing duties
Correct answer: The former government attorney is disqualified, but the firm may continue if it screens the attorney, provides written notice to the agency, and certifies compliance
Rule 1.11(b) allows the firm to continue representation despite the former government attorney's disqualification if the attorney is timely screened, receives no fee from the matter, and written notice is provided to the appropriate government agency.
Question 2: An attorney consults with a prospective client who ultimately retains a different lawyer. The prospective client shared confidential information during the consultation. Under Model Rule 1.18, the attorney is subsequently asked to represent the opposing party in the same matter. Which statement is correct?
- The attorney may represent the opposing party because the person never became a client
- The attorney is disqualified if the information received could significantly harm the prospective client, unless the prospective client provides informed written consent or the firm screens the attorney (Correct answer)
- The attorney may represent the opposing party with only oral disclosure to both parties
- The conflict cannot be resolved by screening because no attorney-client relationship was formed
Correct answer: The attorney is disqualified if the information received could significantly harm the prospective client, unless the prospective client provides informed written consent or the firm screens the attorney
Under Rule 1.18(c), a lawyer who received disqualifying information from a prospective client is prohibited from representing a materially adverse party in the same or substantially related matter unless the prospective client consents or the firm uses appropriate screening.
Question 3: An attorney represents 10 plaintiffs in a personal injury matter. The defendant offers a lump-sum settlement to be allocated among all plaintiffs. Under Model Rule 1.8(g), what must the attorney do?
- Accept the settlement if it is reasonable and the attorney believes it is in all clients' best interests
- Obtain informed consent from each client regarding the participation of each person in the settlement and the terms affecting each client (Correct answer)
- Obtain a simple majority vote from the clients to accept or reject the aggregate settlement
- Notify the court of the aggregate settlement before seeking client consent
Correct answer: Obtain informed consent from each client regarding the participation of each person in the settlement and the terms affecting each client
Rule 1.8(g) prohibits aggregate settlements unless each client gives informed consent in a signed writing after receiving disclosure of the existence and nature of all claims or defenses and the participation of each person in the settlement.
Question 4: A client tells the attorney she cannot afford litigation costs. Under Model Rule 1.8(e), which form of financial assistance to the client is permitted?
- Lending the client money to pay living expenses during the litigation, to be repaid from settlement proceeds
- Advancing court costs and litigation expenses, repayable from the proceeds of the matter (Correct answer)
- Guaranteeing a bank loan for the client to cover all personal expenses
- Providing a non-repayable cash gift to assist the client during the representation
Correct answer: Advancing court costs and litigation expenses, repayable from the proceeds of the matter
Rule 1.8(e) permits a lawyer to advance court costs and litigation expenses, contingent on repayment from the outcome, but prohibits providing broader financial assistance to clients.
Question 5: Before or during representation, an attorney negotiates to acquire literary or media rights to the client's story. Under Model Rule 1.8(d), this is:
- Permissible if the client provides informed written consent
- Permissible only after the matter concludes
- Prohibited until the representation is concluded (Correct answer)
- Permissible if the fee arrangement is contingency-based
Correct answer: Prohibited until the representation is concluded
Rule 1.8(d) prohibits a lawyer from making or negotiating an agreement for literary or media rights based on information relating to the representation prior to the conclusion of all aspects of the matter.
Question 6: An attorney represents a corporation. The attorney learns that a corporate officer is committing a fraud that will substantially injure the corporation. Under Model Rule 1.13, what must the attorney do first?
- Immediately report the fraud to the appropriate government regulatory authority
- Withdraw from the representation without taking any further action
- Report the matter to a higher authority within the organization, such as the board of directors (Correct answer)
- Advise the officer personally to cease the fraudulent conduct
Correct answer: Report the matter to a higher authority within the organization, such as the board of directors
Rule 1.13(b) requires the attorney to report up the corporate ladder to the highest authority within the organization (e.g., board of directors) when an officer or employee engages in conduct that is a violation of law and is reasonably certain to cause substantial injury to the organization.
Question 7: A law firm implements a screening procedure to allow a laterally hired attorney (who is personally disqualified) to remain at the firm while others handle the matter. Under Model Rule 1.10(a)(2), which is NOT a required element of an effective screen?
- The disqualified attorney must be timely screened from any participation in the matter
- The disqualified attorney must receive no part of the fee from the matter
- Written notice must be provided to the affected former client
- The disqualified attorney must obtain permission from the former client's new counsel (Correct answer)
Correct answer: The disqualified attorney must obtain permission from the former client's new counsel
Rule 1.10(a)(2) requires timely screening, no fee allocation to the disqualified attorney, and written notice to the former client, but does not require permission from the former client's new counsel.
MPRE Conflicts of Interest 2
A government attorney leaves public service and joins a private firm.
A former government matter on which the attorney personally and substantially participated is now before the firm.
Under Model Rule 1.11, what is the most accurate statement?