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Ch. 5) CONFLICTS OF INTEREST

What relief is Maritrans asking for, and what law governs its claim? MRPC 1.7, 1.9? Common law? Equity? What duty does M accuse P of violating? confidentiality: any showing of actual violation? loyalty: how does that differ? was it violated when P took on first competitors?

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Ch. 5) CONFLICTS OF INTEREST

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  1. What relief is Maritrans asking for, and what law governs its claim? • MRPC 1.7, 1.9? • Common law? • Equity? • What duty does M accuse P of violating? • confidentiality: any showing of actual violation? • loyalty: how does that differ? • was it violated when P took on first competitors? • was the problem solved when P withdrew from representing M altogether? INTRO: MARITRANS, P. 300 Ch. 5) CONFLICTS OF INTEREST

  2. A. CONFLICTS OF MULTIPLE CLIENTS • (1) Multiple Clients in the Same Matter • Problem p. 305 • (a) can you represent both in the real estate matter? • Rule 1.7(a)(1): directly adverse to each other? • (a)(2): rep of one materially limited by responsibilities to the other? • what are their respective interests? • have they reached satisfactory agreement on potentially conflicting interests, so you can just write up their agreement? • if not, then what?

  3. Problem p. 305 c’t’d • (a) second part: can you represent them both with respect to the auto accident? • Rule 1.7(a)(1): “directly adverse”? • Rule 1.7(a)(2): “risk of significant impairment”? • what are potential points of conflict? • would it help if the jur. has a guest statute that forecloses any claim of passenger against driver for negligence? • would it help if the passenger says he is willing to waive any such claim?

  4. Problem pp. 305-6 c’t’d • (b) you are asked by driver’s insurer to represent Jones in other driver’s damages claim against Jones – what problems? Rogers, p. 319 • who is/are your “client(s)”? • insured only? What is the role of the insurer? MRPC 1.8(f) • both? If there is a conflict, what do you do? • withdraw from entire rep.? • continue with insured?

  5. Problem pp. 305-6 c’t’d • c) You are asked to represent the other driver, 17-yr-old son of your long-time client, who wants to keep insurer out of it and pay himself, and wants you to settle the claims • MRPC 1.8(f), 5.4(c) • consent of client? Who is it? • interference of father in your relationship with son? • protection of confidentiality for client?

  6. Problem pp. 305-6 c’t’d • You defend son, learn of plaintiffs’ witness who will testify to having seen acc’t from 400 yds away; you are representing her in a SS disability claim based on vision impairment – what problems? • can you impeach her testimony? • can you refrain from doing so? • can you get effective consent?

  7. “Positional Conflicts” • Problem p. 394: two lawsuits against gun manufacturers arising out of customizing feature creating “hair trigger”, in which buyers promptly shot themselves • you represent manufacturer in one, buyer in the other – no overlap in actual clients • argue contrib. negligence in one • argue strict liability for design defect in the other • can you take both, if • they are in the same jurisdiction? • they are in different jurisdictions?

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