Conflicts of Interest · 12-18% of the exam
8.3Conflicts quick-reference
| Conflict type | Governing rule | Screening available? | Whose consent cures? |
|---|---|---|---|
| Current client (concurrent) | Rule 1.7 | No | All affected current clients (informed, in writing); C condition is unconsentable |
| Former client | Rule 1.9(a) | Yes — Rule 1.10(a)(2), but only where the conflict arose at a prior firm | Former client (informed, in writing) |
| Former firm's client (lateral) | Rule 1.9(b) | Yes — Rule 1.10 | Former client (if not screened) |
| Government → private | Rule 1.11(a) | Yes — timely screening + notice to agency | The appropriate government agency (informed consent, confirmed in writing) — Rule 1.11(a)(2); screening under Rule 1.11(b) cures the firm's imputation only, not the individual lawyer's own disqualification |
| Private → government | Rule 1.11(d) | No screening mechanism — but agency consent cures, and the conflict is not imputed to other government lawyers | The government agency (informed consent, confirmed in writing) — Rule 1.11(d)(2)(i) |
| Prospective client | Rule 1.18(c)–(d) | Yes — Rule 1.18(d)(2), no prospective-client consent needed | Both affected client and prospective client (in writing); OR screening (cures the firm's imputation only; the consulting lawyer stays out) |