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  • MRPC 1.7(a)
    • A lawyer shall not represent a client if the representation would involve a concurrent conflict of interest.
    • A concurrent conflict of interest exists:
      • If the representation of one client will be directly adverse to another client; or
      • There is a significant risk that the representation will be materially limited by the lawyer’s responsibilities to another client, a former client, a third person or the lawyer’s personal interests.

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  • MRPC 1.7 (b)
    • A lawyer may represent a client despite a concurrent conflict of interest if all 4 of the following conditions are met
      • The lawyer reasonably believes they can provide competent and diligent representation to each client
      • The representation is not prohibited by law
      • The representation does not involve a clime in litigation by one client against the other;
      • Each affected client gives informed written consent.

·         CRPC 3-310 – Avoiding the Representation of Adverse Interests

·         (a) 

·         (1)  “Disclosure” means informing the client of former client of the relevant circumstances and of the actual and reasonably foreseeable adverse consequence3s to the client or former client;

·         (2)  “Informed written consent” means the client’s or former client’s written agreement to the representation following written disclosure;

·         (3)  “Written” means any writing as defined in Evidence Code Section 250.

·         (b) Lawyer should not accept or continue representation of a client without providing written disclose to the client where:

·         (1) lawyer has legal, business, financial, professional, or personal relationship (hereinafter just “relationship”) with a party/witness in the same matter; or

·         (2) lawyer knows that

·         (a) lawyer previously had relationship with a party/witness in the same manner; and

·         (b) previous relationship would substantially affect their representation; or

·         (3) lawyer has relationship with another person or entity the lawyer knows would be affected substantially by resolution of the matter; or

·         (4) lawyer has had a legal, business, financial, or professional INTEREST in the subject

matter of the representation.

·         (c) Lawyer shall not, without each client's informed written consent:

·         (1) accept representation of more than one client in a matter in which their interests potentially conflict; or

·         (2) accept or continue representation of more than one client where their interests conflict; or

·         (3) represent a client in a matter and at the same time in a separate matter accept as a client a person/entity whose interest in the first matter is adverse to the client in the first matter.

·         (d) A lawyer who represents two or more clients shall not enter into an aggregate settlement of the claims or against the clients without each client's informed written consent

·         (e) Lawyer shall not, without client's informed written consent, accept employment adverse to client (or former client) where lawyer has obtained confidential information material to employment

·         (f) Lawyer shall not accept compensation for representation from one other than client unless:

·         (1) there is no interference with lawyer's independence of professional judgment or with the lawyer-client relationship; and

·         (2) information relating to representation is protected by Cal. Bus. & Prof. § 6068(e); and

·         (3) Lawyer obtains client's informed written consent, provided that no disclosure or consent is required it:

·         (a) such nondisclosure is otherwise authorized by law; or

·         (b) lawyer is rendering services on behalf of any public agency to other public agencies or the public.

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  • MRPC 1.13 (a)
    • An atty. employed or retained by an organization represents the organization acting through its duly authorized constituents.

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  • MRPC 1.13 (b)

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    • If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of law that reasonably might be imputed to the organization, then the lawyer shall proceed as is reasonably necessary in the best interests of the organization.
    • Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so the lawyer shall refer the matter to a higher authority within the organization, including, if warranted by the circumstances, the highest authority that can act on behalf of the organization as determined by applicable law.

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  • MRPC 1.13 (c)

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    • If despite the lawyers efforts the highest authority in the org. refuses to address the action or failure to act, which clearly amounts to a violation of law which the lawyer believes is reasonably certain to result in substantial injury to the org. the lawyer may reveal information that would otherwise be confidential under 1.6 in order to prevent such injury.

(a)  Permit lawyers to have business dealings with clients (Subject to disclosure and waiver and provided that the transaction is fair.

• Fair terms in writing that can reasonably be understood by client
• Advisement of desirability of getting independent counsel and reasonable opportunity
• Client gives informed consent to essential terms and lawyer's role in transaction

Can't use info relating to representation to the disadvantage of client without informed consent, except as permitted by the rules.

MRPC 1.8(e)

No financial assistance to client in connection with pending or contemplated litigation.  Exceptions:

• Lawyer may advance court costs and expenses (repayment contingent on outcome);
• For indigent clients, lawyer may pay court costs and expenses

Can't accept compensation from someone other than client unless:

1. informed consent from client;
2. no interference with professional judgement; and
3. Info relating to representation of client is protected as required by rule 1.6

MRPC 1.8(g)

Lawyer shall not:

1. Make agreement prospectively limiting malpractice liability unless client is independently represented in the agreement; or
2. settle claim for such liability with unrepresented client without written advisement of desirability of seeking independent counsel and giving reasonable opportunity. 

Lawyer can't represent client if:

1. rule violates rules of profesisonal conduct
2. lawyer's physical or mental condition materially impairs representation
3. Lawyer is discharged

Lawyer can withdraw if:

1. can be accomplieshed without material adverse effect on interests of client
2. client persists in course of action that the lawyer reasonably believes is criminal or fraudulent.
3. Services used to perpetruate crime or fraud.
4. Insistence on regunant action or a fundamental disagreement
5. client fails to substantially fulfill obligation t lawyer after reasonable warning lawyer will withdraw;
6. unreasonable financial burden on lawyer or representation is unreasonably difficult
7. other cood cause

Upon termination, lawyer must take reasonable steps to protect clients interests:

• Reasonable notice
• time to find other lawyer
• surrendering papers and property
• refunding advanced payment

Lawyer can retain papers relating to the client to the extent permitted by other law.

Can't knowlingly represent a client in same or SR matter in which firm previsouly represented another client if:

1. the former client's interests are materially adverse to the perseon; and
2. if the lawyer has obtained confidential information about that person, unless there was written consent.

In a firm, lawyers can't knowingly represents client when anyone of them practicing alone woulf be prohibited under 1.7 or 1.9, unless

1. based on personal interests and no significant risk of material limitaiton
2. prohibition is based upon 1.9(a) or (b) and arises out of disqualified lawyer's association with prior firm and:

***lawyer was timely screened;

***written notice to prior client; and

***Certification of compliance with rules and screening procedures.

Prior firm can represent client with interests materially adverse to a former client of terminated lawyer not currently represented by the firm unless:

1. Substantially same matter; and
2. remaining lawyer(s) in firm have protected info under 1.6 or 1.9(c)

Disqualificcation can be waived by affected client under rule 1.7

A)  1. Don't make false statement, or fail to dorrect one

2.  Don't fail to disclose adverse legal authority no diclosed by opposing counsel.

3.  Don't offer evidence lawyer knows to be false.  Also, take remedial measures if its already been introduced.

B)  Take reasonable remedial measures including disclosure to tribunal, if knowledge of criminal or fraudulent conduct relating to the proceeding

C)  Duties can override information protected by 1.6

D)  For ex parte proceeding, lawyer must make full disclsoure of all facts enabling tribunal to make informed decision, even if they are adverse.

Lawyer shall not:

A)  obstruct access to, alter, destroy or conceal anything with potential evidentiary value.

B)  Falsify evidence or suggest witness to testify falsely or make unlawful offer to induce witness.

C)  knowingly disobey a court obligation, unless you openly assert no obligation exists.

D)  make frivolous discovery requests or fail to make diligent effort to comply with one.

E)  Allude to irrelevant facts; assert personal knowledge, or state personal opinion

F)  Request a person other than a client to refrain from voluntarily giving relevant information to another party unless:

(1)  The person is a relative or an employee/agent of the client; and

(2)  the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

Don't try to influence judge, juror, prospective juror or other official, and don't communicate ex parte unless authorized to do so.

Don't communicate with a juror or prospective juror after discharge of jury if juror has made known that it doesn't want to communicate, or the communcation involves a misrepresentation, coercion,duress or harassment.

Don't intentionally disrupt the tribunal