Cannot be an exclusive reciprocal agreement.

Must obtain informed consent from client

No interference with independent judgment of the attorney.

All information still protected by rules of PR

All information of facts and circumstances

All potential risks and advantages

Options for client

Lawyers in a Firm

Imputed Disqualification

If an attorney in the firm has conflict, every attorney in the firm has a conflict and can be conflicted out.  

Exceptions: Personal Interest

Screened out, no fee, only minor services, informed consent in writing,

Att/clt gone: same or substantially related and material confidential information known.   

Other attorney's can represent if the attorney

1) only did minor, isolated services on case

2) Receives no part of the fee

3) Is timely screened

and 4) Written notice to any affected client so they can ascertain compliance with the rules

Representation allowed unless it is the same or substantially related matter and remaining lawyers hold confidential information of previous client that is material to the case.  

Disqualification can be waived by informed consent in writing from affected client(s).  

Direct Conflict of Interest

Directly Adverse

Indirect Conflict of Interest

Materially Limited

Significant risk that an attorney's representation of a client would be materially limited by:

1) personal interest,

2) 3rd party,

3) former client, or

4) another client.

When ATTORNEY REASONABLY BELIEVES:

1) able to provide competent and diligent representation, 

2) not prohibited by law,

3) not a claim by one client against another. and

4) informed consent in writing

Lawyer cannot properly ask for a waiver if it requires revealing client confidences.  

Over $1000 must be in writing

Scope of representation and basis of fees

Must be reasonable based on skills, experience, work given up

Any division of fees must be consented to by client reasonable based on involvement with case.  

Duty not to disclose client confidences without informed consent.

MUST reveal to extent attorney reasonably believes necessary to prevent client from committing a criminal act that he reasonably believes is likely to result in substantial injury or death and substantial financial injury.  

MAY reveal to extent lawyer reasonably believes necessary to prevent reasonably likely substantial bodily harm, or to prevent, mitigate, rectify and substantial financial injury that is reasonably certain to result or has resulted from USE OF ATTORNEY'S SERVICES.  

Advice about compliance with rules. 

Defend against malpractice claim, or other charges flowing out of this representation.

Comply with other law or court order.  

Org as Client

Violation of law and likely to result in substantial injury= must report to an authority in org, maybe highest authority in org.  

If nothing done, and reasonably certain to result in substantial injury to the org= lawyer MAY disclose to extent reasonably necessary to prevent injury

If attorney knows someone in company is going to violate a law and action is likely to result in substantial injury to the org, may take actions reasonably necessary to prevent.  

Unless he believes not in the best interest of org, he MUST report to a higher authority in the org.

If they fail to address in a timely, reasonable manner, and lawyer believes VIOLATION IS REASONABLY CERTAIN TO result in substantial injury to the org, MAY DISCLOSE TO EXTENT REASONABLY NECESSARY TO PREVENT INJURY.  

Can't do it unless:

1) Terms are fair and reasonable to the client in understood writing,

2) Client is advised in writing to seek independent outside counsel, 

3) Informed consent in writing from client with material terms of agreement.

Informed consent required,

cannot affect independent legal judgment, information must remain confidential.  

No gifts from client unless related or 

gifts are of reasonable value and it does not reflect poorly on the integrity of the profession.

NO real-time, in person, or electronic communications unless it is a lawyer or relative

Must say ADVERTISING MATERIAL on front of all stuff and filed within 5 days with the office of lawyer regulation.

Cannot pay anyone except referral service or subscription services (can call people) and they cannot contact anyone without request who is known to be in need of legal assistance.  

Duty of Competent and Diligent Representation

Duty of Loyalty

Duty of Confidentiality

Duty of Independent Judgment

Does att/ clt relationship exist?

Current or former?

Ongoing relationship (expectations)?

Directly Adverse or Materially Limiting?

Rzbl belief with informed consent in writing?

Same or substantially related matter?

Access to confidential info?

Imputed DQ?