MPRE Conflicts of Interest 3

Question 1

Two lawyers at different firms are married to each other.
Lawyer A represents the plaintiff and Lawyer B represents the defendant in the same litigation.
Under the Model Rules, which statement BEST describes this situation?

Accepted Answer

Each lawyer may proceed if the client gives informed written consent acknowledging the relationship

Answer

Both lawyers are automatically disqualified from the matter

Answer

No conflict exists because the lawyers work at different firms

Answer

Only the lawyer who earns the higher fee must withdraw

Question 2

An attorney in private practice wishes to take a legal position in one case that is directly contrary to a position the attorney is taking on behalf of another client in a separate, unrelated proceeding. Under what circumstances does this positional conflict require client consent?

Accepted Answer

Only when there is a significant risk that the position taken in one matter will create precedent directly adverse to the other client in the other matter

Answer

Whenever the same attorney takes contrary positions in any matters, regardless of relatedness

Answer

Never, because legal positions in separate matters are always independent

Answer

Only when both matters are in the same court

Question 3

A criminal defense attorney is owed unpaid legal fees by the client and the client is now facing new criminal charges. The attorney asserts a retaining lien over the client's file. Under the conflict of interest rules, what is the primary concern?

Accepted Answer

Asserting a lien against a client in a criminal matter creates a conflict between the lawyer's personal financial interest and the client's need for full representation

Answer

Retaining liens are always permissible in criminal cases and create no conflict

Answer

The conflict arises only if the attorney charges more than a reasonable fee

Answer

The conflict is waived automatically when the client fails to pay fees

Question 4

A former judge joins a private law firm. The judge had personally and substantially participated in a matter now before the firm. Under Model Rule 1.12, which statement is accurate?

Accepted Answer

The former judge is disqualified, but the firm may proceed if the judge is screened, receives no fee from the matter, and written notice is given to all parties and the tribunal

Answer

The former judge is absolutely disqualified and the disqualification is imputed to the entire firm

Answer

The former judge may participate if the former judicial employer provides consent

Answer

No conflict exists because the judge's judicial role has ended

Question 5

An insurance company retains an attorney to defend its insured in a personal injury lawsuit. The policy limits are $50,000, but the plaintiff is demanding $500,000. Who is the attorney's client under the Model Rules?

Accepted Answer

Both the insurer and the insured are clients, and a conflict may arise if their interests diverge

Answer

Only the insurance company, because it is paying the fees

Answer

Only the insured, because the attorney owes duties only to the person whose liberty or property is at stake

Answer

Neither; the attorney is an agent of the court in this type of matter

Question 6

Which of the following is an example of a conflict under Model Rule 1.7(a)(2) based on a lawyer's personal interest?

Accepted Answer

An attorney who has a significant financial stake in the outcome of the opposing party's success

Answer

An attorney representing two co-plaintiffs who both seek maximum damages

Answer

An attorney whose close friend is an adverse witness in the client's case

Answer

An attorney who previously litigated a different case against the same opposing counsel

Question 7

An attorney represents a class in a class-action lawsuit. Before settlement, the attorney negotiates a separate fee arrangement with the defendant contingent on settling the class claims. Under the Model Rules, this arrangement is:

Accepted Answer

Prohibited, because negotiating the attorney's fee as part of settling the merits creates a conflict between the attorney's interest and the class members' interest

Answer

Permissible because the attorney is negotiating fees, not class member claims

Answer

Permissible if the lead class representative approves the fee arrangement

Answer

Permissible only if the court approves the fee in advance of settlement negotiations