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Conflicts of Interest · 12-18% of the exam

Chapter 8Conflicts: current and former clients

Loyalty

"Client consent is necessary — never sufficient." The exam's favorite maneuver pairs an egregious conflict with enthusiastic consent from all parties, then asks whether the conflict is cured. It isn't: some conflicts are unconsentable, and where R fails, no signature saves the representation.

6 sections

Duties to current clients

  1. 8.1.1The concurrent conflict framework (Rule 1.7)
  2. 8.1.2Direct adversity (Rule 1.7)
  3. 8.1.3Material limitation and joint representation (Rule 1.7)

Former and prospective clients

  1. 8.2.1Former-client conflicts (Rule 1.9)
  2. 8.2.2Prospective-client conflicts (Rule 1.18)
  1. 8.3Conflicts quick-reference
Start with 8.1.1The concurrent conflict framework (Rule 1.7)
Chapter 8 · Conflicts: current and former clients · Open Bar Review