A(2) Unrelated Rep. of Current Client’s Adversary Problem p. 306 question (d): You defend son in auto accident case, learn of plaintiffs’ witness who says she saw acc’t from 400 yds away; you are representing her in a SS disability claim based on vision impairment – what problems?  are the representations “directly adverse” to one another? Cf. Frame, n. 2 p. 331  risk that rep of one will be “materially limited” by obligations to the other?  can you get effective consent? Cf. Worldspan, p. 327  to the dual representation?  to retain one and withdraw from the other?

D. PERSONAL INTERESTS OF ATTORNEY  Problem pp  Inventor asks lawyer to handle patent and set up company to market it, offers 1/3 interest in the enterprise. What PR issues arise?  How will the 1/3 interest be structured? What potential for conflict, and what solutions? Cf. Monco p. 334, and notes 1-3  Will A-C relationship extend beyond the setting-up of the company?  Does an A-C relationship already exist? If so, how does that affect the analysis?

Problem pp c’t’d  C asks L to draft his will, giving L a vacation cottage and naming him as executor. Can L do this?  gift – MRPC 1.8(c) and Crary, p. 343;  Is In re Barrick, n. 1 p. 346, persuasive?  naming/nominating as executor, n. 3 p. 347  does MRPC 1.8(c) address the situation?  is it a “substantial gift”?  whose idea was it?

Problem pp c/t/d  Offer to share in the proceeds of C’s book, in lieu of fees for defending him against a copyright lawsuit  Is this permissible? If not, why not? MRPC 1.8(d)  1.8 Comment 9: does the representation involve “a transaction concerning literary property”, with fee to consist of a share in ownership of the property? Why this exception?