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  California: laundry list  California: two levels of conflicts  California: resolving the conflicts  Writing from client  Notice to client