Conflicts of Interest · 12-18% of the exam

Night-before checklist

Chapter 9 · 8 items

Seven points, and the last one stops at the lawyer who testifies.

Rule 1.10 imputes conflicts firm-wide — except a purely personal-interest conflict that poses no significant risk of materially limiting the other lawyers' representation; screening cures only prior-firm conflicts; current-firm conflicts need a Rule 1.7 waiver.
A proper Rule 1.10(a)(2) screen requires timely isolation, no fee share from the matter, and written notice to the former client with certifications of compliance.
A former government lawyer can't represent a client on a matter they personally and substantially handled without the agency's informed consent, confirmed in writing; screening, no fee apportionment, and agency notice cure imputation.
Under Rule 1.11(c), notice to the agency isn't required — that's the critical difference from Rule 1.11(b).
A former neutral needs written consent from all parties to the original proceeding before personally representing anyone in that matter; the bar is not limited to the parties, and a majority's consent is not enough.
Rule 1.13 duty runs to the entity: refer up (the default, unless the lawyer reasonably believes it unnecessary in the entity's best interest) before any Rule 1.13(c) outside disclosure, which is permissive, never mandatory.
Rule 1.13 neither limits nor expands what Rules 1.8, 1.16, 3.3 and 4.1 require.
Rule 3.7 personally disqualifies the lawyer-witness as trial advocate (firm not automatically out) unless testimony concerns an uncontested issue or the nature and value of legal services, or disqualification would cause the client substantial hardship.

Ticks are remembered on this device, not in your account.