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

Under Rule 1.7 Comment [11], related lawyers opposing each other must disclose the relationship to their clients, and may proceed only with each client's informed written consent because of the significant risk that the lawyers' professional judgment will be affected.

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

Under Rule 1.7 Comment [24], a positional conflict requires consent only when there is a significant risk that a lawyer's action on behalf of one client will materially limit the lawyer's effectiveness in representing another client in a different proceeding.

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

Under Rule 1.8(i) and 1.7(a)(2), asserting a lien can create a personal interest conflict because the attorney's financial interest may impair the attorney's ability to provide zealous and undivided representation.

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

Rule 1.12(c) provides that disqualification of a former judge may be remedied by timely screening, no fee allocation to the former judge, and prompt written notice to the parties and the appropriate tribunal.

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

In the insurance defense context, the attorney's client is typically the insured, but duties may run to the insurer as well; when the insurer's interest in minimizing payout diverges from the insured's interest in full defense, a conflict arises requiring careful management.

MPRE Multistate Professional Responsibility Examination Practice Practice Test

MPRE Multistate Professional Responsibility Examination Practice Practice Test

MPRE Conflicts of Interest 3