VT Bar Professional Responsibility 2 — Questions and Answers
Question 1: An attorney represents both the buyer and seller in a real estate transaction. Under the Model Rules, this concurrent conflict of interest is permissible only if:
- The attorney reasonably believes representation will not be adversely affected and both clients give informed written consent (Correct answer)
- The transaction involves less than $100,000 and no litigation is anticipated
- The clients are related by blood or marriage
- The attorney discloses the conflict to the court
Correct answer: The attorney reasonably believes representation will not be adversely affected and both clients give informed written consent
MR 1.7(b) allows concurrent conflict representation only if the lawyer reasonably believes competent representation is possible and each affected client gives informed, written consent.
Question 2: An attorney who previously represented a former client in a contract dispute is now asked to represent a new client suing the former client on an unrelated tort claim. Under MR 1.9, the attorney:
- May represent the new client because the matters are not substantially related (Correct answer)
- May never represent any party adverse to a former client
- Must obtain court approval before switching sides
- May proceed only if the new claim arose after the prior representation ended
Correct answer: May represent the new client because the matters are not substantially related
MR 1.9 prohibits representation adverse to a former client only when the new matter is 'substantially related' to the prior representation.
Question 3: A lawyer is approached by Client A and Client B, co-defendants in a civil suit, who ask to be jointly represented. The lawyer identifies a potential conflict. What is the FIRST step the lawyer must take?
- Analyze whether the lawyer can provide competent and diligent representation to both clients (Correct answer)
- Obtain written consent from both clients immediately
- File a motion to sever the defendants
- Withdraw from both representations
Correct answer: Analyze whether the lawyer can provide competent and diligent representation to both clients
Before seeking consent, the attorney must first determine under MR 1.7(b)(1) whether competent representation of both clients is reasonably possible.
Question 4: A law firm screens a laterally hired attorney from a matter to prevent imputation of her conflict to the firm. Under MR 1.10(a)(2), which element is NOT required for a valid screen?
- Court approval of the screening procedure (Correct answer)
- Timely imposition of the screen
- Written notice to the affected former client
- No apportionment of the fee to the screened lawyer
Correct answer: Court approval of the screening procedure
MR 1.10(a)(2) does not require court approval; it requires timely screening, written notice, and fee apportionment restrictions.
Question 5: An attorney personally owns stock in a corporation that is an adverse party in her client's lawsuit. This creates:
- A personal interest conflict under MR 1.7(a)(2) that may be waivable (Correct answer)
- An automatic disqualification that cannot be waived
- No conflict because the stock ownership is publicly known
- A conflict only if the attorney owns more than 5% of the corporation
Correct answer: A personal interest conflict under MR 1.7(a)(2) that may be waivable
A lawyer's financial interest in an adverse party is a personal interest conflict under MR 1.7(a)(2), which may be waived with informed client consent if the lawyer can still provide competent representation.
Question 6: Under MR 1.8(a), a lawyer who wants to enter a business transaction with a current client must satisfy all of the following EXCEPT:
- The client must be represented by independent counsel in negotiating the transaction (Correct answer)
- The terms must be fair and reasonable to the client
- The client must give informed consent in a signed writing
- The lawyer must fully disclose the transaction in writing
Correct answer: The client must be represented by independent counsel in negotiating the transaction
MR 1.8(a) requires fair terms, written disclosure, and written informed consent, but does NOT require that the client obtain independent counsel—it is merely advised.
Question 7: Attorney represents both a husband and wife in drafting a joint will. After completion, the couple divorces and the wife asks the attorney to represent her in a claim against the husband's estate. Under MR 1.9, the attorney:
- Is likely disqualified because the divorce dispute is substantially related to the prior joint estate planning (Correct answer)
- May represent the wife because the prior representation is completed
- May represent the wife because the husband is now deceased
- Is disqualified only if the wife requests the husband's confidential information
Correct answer: Is likely disqualified because the divorce dispute is substantially related to the prior joint estate planning
Joint estate planning creates confidential information about both parties' intentions, making later adverse representation in a related estate dispute substantially related under MR 1.9.
VT Bar Professional Responsibility 2
An attorney represents both the buyer and seller in a real estate transaction.
Under the Model Rules, this concurrent conflict of interest is permissible only if: