IV. Conflicts of Interest

When is there a current client conflict of interest?

How can a client waive a current client conflict?

When do inconsistent legal positions create a conflict of interest?

Does a lawyer need client consent from all members of a class to waive potential conflicts?

When does a former client conflict exist?

When does a former firm conflict of interest exist?

When does a prospective client conflict arise?

When can a prospective client conflict be waived?

What is an imputed conflict and how can a lawyer get around it?

Is there a conflict of interest if a firm represents a client whose position is materially adverse to a former client represented by a lawyer who is no longer associated with that firm?

What precautions must be undertaken if a lawyer is going to enter a business transaction with a client?

May a lawyer use information relating to the representation of a client to the client’s disadvantage?

May a lawyer solicit a gift from a client? Are there any exceptions?

May a lawyer negotiate with a client for the literary or media rights of the client’s matter?

May a lawyer provide financial assistance to a client?

When may a lawyer receive compensation from a third party for representation of a client?

What is an aggregate settlement agreement and when is it permitted?

When may a lawyer ask a client to limit malpractice liability?

When may a lawyer settle a claim for malpractice liability with an unrepresented client?

When may a lawyer acquire a proprietary interest in a cause of action?

May a lawyer have a sexual relationship with a client?

May a lawyer enter into an arrangement with a third person regarding the scope of representation of another client?

When does a conflict of interest arise for a lawyer who formerly served as a public officer and now works in the private sector?

When does a current conflict of interest arise for a public officer or government lawyer?

When does a conflict of interest arise for a former judge, arbitrator, or adjudicative officer?

When may a judge, arbitrator or third-party neutral negotiate for employment?