Conflicts of Interest · 12-18% of the exam

Night-before checklist

Chapter 8 · 7 items

Six points, and the sixth is the one this chapter deliberately leaves to the next.

Spot a concurrent conflict with Rule 1.7(a): direct adversity to another client, or a significant risk of material limitation by duties to another client, a former client, a third person, or the lawyer's own interest.
Rule 1.7 waiver: RICI is the waiver test, not the spotting test; the C condition (one client's claim against another in the same litigation or other proceeding before a tribunal) is unconsentable whatever both sign.
Oral consent alone never satisfies Rule 1.7 — confirmed in writing is a floor, not a formality.
Former-client conflicts require substantial relation plus material adversity; for a lateral, add actual acquisition of confidential information (Rule 1.9(b)) — assignment to the matter alone isn't enough.
Prospective-client conflicts require significantly harmful information, a higher bar than the substantially-related standard for former clients.
Rule 1.18(d)(2) cures imputation without consent; all three required: the lawyer took reasonable measures to avoid exposure to more disqualifying information than necessary, timely screening with no share of the fee, and prompt written notice.
Imputation of a lawyer's conflict to the entire firm is governed by Rule 1.10 — covered in the next chapter.

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