INTRO: MARITRANS, P. 300  What relief is Maritrans asking for, and what law governs its claim?  MRPC 1.7, 1.9?  Common law?  Equity?  What duty does M accuse P of violating?  confidentiality: any showing of actual violation?  loyalty: how does that differ?  was it violated when P took on first competitors?  was the problem solved when P withdrew from representing M altogether?

A. CONFLICTS OF MULTIPLE CLIENTS  (1) Multiple Clients in the Same Matter  Problem p. 305  (a) can you represent both in the real estate matter?  Rule 1.7(a)(1): directly adverse to each other?  (a)(2): rep of one materially limited by responsibilities to the other?  what are their respective interests?  have they reached satisfactory agreement on potentially conflicting interests, so you can just write up their agreement?  if not, then what?

Problem p. 305 c’t’d  (a) second part: can you represent them both with respect to the auto accident?  Rule 1.7(a)(1): “directly adverse”?  Rule 1.7(a)(2): “risk of significant impairment”?  what are potential points of conflict?  would it help if the jur. has a guest statute that forecloses any claim of passenger against driver for negligence?  would it help if the passenger says he is willing to waive any such claim?

Problem pp c’t’d  (b) you are asked by driver’s insurer to represent Jones in other driver’s damages claim against Jones – what problems? Rogers, p. 319  who is/are your “client(s)”?  insured only? What is the role of the insurer? MRPC 1.8(f)  both? If there is a conflict, what do you do?  withdraw from entire rep.?  continue with insured?

Problem pp c’t’d  c) You are asked to represent the other driver, 17-yr-old son of your long-time client, who wants to keep insurer out of it and pay himself, and wants you to settle the claims  MRPC 1.8(f), 5.4(c)  consent of client? Who is it?  interference of father in your relationship with son?  protection of confidentiality for client?

Problem pp c’t’d  You defend son, learn of plaintiffs’ witness who will testify to having seen acc’t from 400 yds away; you are representing her in a SS disability claim based on vision impairment – what problems?  can you impeach her testimony?  can you refrain from doing so?  can you get effective consent?

“Positional Conflicts”  Problem p. 394: two lawsuits against gun manufacturers arising out of customizing feature creating “hair trigger”, in which buyers promptly shot themselves  you represent manufacturer in one, buyer in the other – no overlap in actual clients  argue contrib. negligence in one  argue strict liability for design defect in the other  can you take both, if  they are in the same jurisdiction?  they are in different jurisdictions?