Confidentiality and Conflicts of Interest in Legal Representation

Flashcards covering key concepts related to confidentiality and conflicts of interest in legal representation, based on the provided lecture notes.

Confidentiality

A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent or the disclosure is permitted.

Informed Consent

The client's agreement to a proposed course of action after being adequately informed of the risks and implications.

Concurrent Conflicts of Interest

A scenario where a lawyer's representation of one client is directly adverse to another client or significantly limited by the lawyer's responsibilities to another client.

Material Limitation

A conflict that exists if there is a significant risk that the lawyer's ability to consider or recommend a course of action will be materially limited.

Direct Adversity

When the representation of a client will be directly adverse to another client.

Client-Lawyer Relationship

Characterized by loyalty and independent judgment that can be compromised due to conflicts of interest.

Consent Confirmed in Writing

Requirement that informed consent must be documented in writing to prevent disputes or ambiguities.

Common Representation

A scenario where a lawyer represents multiple clients in the same matter, requiring clear communication about shared information.

Nonconsentable Conflicts

Certain conflicts that cannot be waived by client consent due to the nature of the conflict.

Third-Party Fee Payment

An arrangement where a lawyer may accept payment from a third party only if it does not interfere with the lawyer’s loyalty and professional judgment.

Attorney-Client Privilege

A legal principle that keeps communications between a lawyer and their client confidential.

Material Risks

Factors that must be disclosed to clients, especially in dual-role situations, to ensure informed consent.

Withdrawal

The process by which a lawyer must cease representing a client in case of conflict, typically requiring informed consent.

Conflict Arises Mid-Representation

A scenario where a conflict develops after representation has started, leading to the necessity of withdrawal unless consent is obtained.

Sexual Relationships with Clients

Prohibited unless the relationship predates the formal client-lawyer relationship.

Advance Conflict Waivers

A client's consent to future conflicts, which must be informed, specific, and understood.

Personal Interest Conflicts

A lawyer's own interests that adversely affect their representation of a client.

Financial Assistance to Clients

Regulations governing the provision of financial assistance by lawyers to clients, restricting loans except for specific costs.

Aggregate Settlements

Prohibition against lawyers settling claims of multiple clients without informed consent from each client involved.

Lawyer's Role in Litigation

The expectation that a lawyer maintains independence and candor in advice and representation.