MPRE Conflicts of Interest 2

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?

Accepted 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

Answer

The former government attorney is disqualified, and the disqualification is automatically imputed to the entire firm

Answer

The former government attorney may participate with written government consent only

Answer

No conflict exists because government service creates no continuing duties

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?

Accepted 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

Answer

The attorney may represent the opposing party because the person never became a client

Answer

The attorney may represent the opposing party with only oral disclosure to both parties

Answer

The conflict cannot be resolved by screening because no attorney-client relationship was formed

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?

Accepted Answer

Obtain informed consent from each client regarding the participation of each person in the settlement and the terms affecting each client

Answer

Accept the settlement if it is reasonable and the attorney believes it is in all clients' best interests

Answer

Obtain a simple majority vote from the clients to accept or reject the aggregate settlement

Answer

Notify the court of the aggregate settlement before seeking client consent

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?

Accepted Answer

Advancing court costs and litigation expenses, repayable from the proceeds of the matter

Answer

Lending the client money to pay living expenses during the litigation, to be repaid from settlement proceeds

Answer

Guaranteeing a bank loan for the client to cover all personal expenses

Answer

Providing a non-repayable cash gift to assist the client during the representation

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:

Accepted Answer

Prohibited until the representation is concluded

Answer

Permissible if the client provides informed written consent

Answer

Permissible only after the matter concludes

Answer

Permissible if the fee arrangement is contingency-based

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?

Accepted Answer

Report the matter to a higher authority within the organization, such as the board of directors

Answer

Immediately report the fraud to the appropriate government regulatory authority

Answer

Withdraw from the representation without taking any further action

Answer

Advise the officer personally to cease the fraudulent conduct

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?

Accepted Answer

The disqualified attorney must obtain permission from the former client's new counsel

Answer

The disqualified attorney must be timely screened from any participation in the matter

Answer

The disqualified attorney must receive no part of the fee from the matter

Answer

Written notice must be provided to the affected former client