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Conflicts of Interest
George W. Conk
Adjunct Professor & Senior
Fellow
Stein Center for Law & Ethics
Room 409
gconk@law.fordham.edu
Ch. 5. Conflicts of Interest Part 2
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Q. 5-15, p. 458
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Lawyer advocate as
witness
MRPC 3.7
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Q. 5-16 p. 467
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Lawyer advocate as
witness
R. 3.7 (a)
A lawyer shall not act as
advocate at a trial in which
the lawyer is likely to be a
necessary witness unless:
Ch. 5. Conflicts of Interest Part 2
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Absent consent
a lawyer who
has represented a client in a
matter
may not thereafter represent
another client in the same or a
substantially related matter
in which the interests of the
former client are materially
adverse.
Ch. 5. Conflicts of Interest Part 2
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Representation adverse
to a former client
R. 1.9
Duties to former clients
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Q. 5-17, p. 469
It is proper for Attorney to:
(A) represent Owner on the issue of
damages only and not disclose the
information that might prevent the
condemnation.
(B) represent Owner and attempt to
prevent the condemnation by using
the information about the adverse
environmental impact.
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Q. 5-17, p. 469
It is proper for Attorney to:
(C) refuse to represent Owner, but
disclose to Owner the information
about the adverse environmental
impact.
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Q. 5-18, p. 470
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Motion to disqualify
Are the matters substantially
related?
Might attorney have acquired
information related to the
subsequent representation?
Is such information relevant to the
subsequent adverse representation ?
Ch. 5. Conflicts of Interest Part 2
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R. 1.10 Imputation
Law firm as a single person
The presumption of
knowledge
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No mechanisms in place to
prevent sharing of confidental
information even inadvertently
Ch. 5. Conflicts of Interest Part 2
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Of counsel relationship
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Kassis v. TIAA
No presumption of disqualification
will arise if either
Kassis v. TIAA
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Kassis v. TIAA
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Migratory lawyers
disqualifying conflict waivable
Model Rule 1. 9
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Migratory Lawyer M
Firm X>>>>>>>>>>>>>>>Firm Y
Client A............vs................Client B
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client including
- a description of the
screening procedures
employed
Ch. 5. Conflicts of Interest Part 2
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Ethical Screening
2009 Amendment to M.R. 1.10
ABA seeks wider margins when
lawyers change firms
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Migratory lawyer
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client including
- a description of the
screening procedures
employed
Ch. 5. Conflicts of Interest Part 2
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