John Steele

Model Rules Framework

1.7 – Current Client Conflicts 1.8 – List of Current Client

Conflicts 1.9 – Former Client Conflicts 1.10 – Imputation Rule (the

“New Rule”) 1.11 – Government Lawyers 1.12 – Neutrals (Judges)

MR 1.7

“Directly adverse” Lawsuit Negotiate directly across from

“Materially limited” Substantial risk of material limitation Sister-in-law example Representing several founders of

business Severe personal views about matter?

Basic Concepts

Current Client vs. Former Client DQ applies to lawyers DQ is/isn’t imputed to others Conflicts: Avoided/Resolved

Don’t take on the matter Get a waiver Equitable defenses

MR 1.7: Consent

Reasonably believe can fulfill duties?

Not prohibited by law? Not two adverse parties in one

litigation? “informed consent, confirmed in

writing” ICCW No writing strictly required from client Two main methods

MR 1.7: Consents Formulas ICCW: for most 1.7 and 1.9 conflicts

WSC: Writing signed by client; for contingency fees (1.5); doing business with the client (1.8(a)); and aggregate settlements (1.8(g))

AIWDSAILC + Opportunity: doing business with client (1.8(a)); settling client’s liability claims against lawyer (1.8(h)(2))

See Appendix A to Outline

MR 1.8

Ten sub-paragraphs Different consent formulas

MR 1.8

1.8(a) – Doing business with the client

1.8(b) – Using client information 1.8(c) – Soliciting gifts; writing wills 1.8(d) – Literary rights 1.8(e) – Financial assistance to the

client 1.8(f) – Payment from non-clients 1.8(g) – Aggregate settlements

MR 1.8

1.8(h) – Lawyer’s liability to client

1.8(i) – Proprietary interest in subject matter

1.8(j) – Sexual relations with client

1.8(k) – Imputation for 1.8 conflicts

MR 1.9

Three paragraphs “Same or substantially related”

Relates to confidences Flexible term of art

MR 1.9’s Subsections

1.9(a): previously represented 1.9(b): 1.9(c): catch-all

MR 1.10

1.10(a) – The New Rule 1.10(a) – The Old Rule 1.10(b) – “Re-growing the firm’s

ability to be adverse 1.10(c) – Waivers (ICCW) 1.10(d) – Government lawyers

MR 1.10: Whose Conflicts Matter? Lawyers Non-lawyers

Summer Associates Law Clerks Secretaries/Admins Paralegals

California Rules Framework

MR 1.7 vs. California 3-310 California: laundry list California: two levels of conflicts California: resolving the conflicts

Writing from client Notice to client