Concurrent conflicts of interest — NY RPC 1.7 — LEGAL

Objectives

Identify the key rules and §§ that apply to concurrent conflicts of interest — ny rpc 1.7.
Apply the MPRE.ConflictsOfInterest.Concurrent knowledge element in a typical exam scenario.
Recognize common distractors and partial-credit answers.

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A lawyer shall not represent a client if a reasonable lawyer would conclude that either the representation will involve the lawyer in representing differing interests, or there is a significant risk that the lawyer's professional judgment on behalf of a client will be adversely affected by the lawyer's own financial, business, property or other personal interests. Notwithstanding the existence of a concurrent conflict, a lawyer may represent a client if each affected client gives informed consent, confirmed in writing.

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3 quick questions — no score kept, just formative feedback.

Q1 · MPRE.Rule1.6
Under ABA Model Rule 1.6(b)(1), a lawyer MAY disclose information relating to the representation without client consent to prevent:

Answer choices A Any crime by the client. B Reasonably certain death or substantial bodily harm. C Embarrassment to a third party. D Any fraud by the client.
Q2 · MPRE.Rule1.5
Under ABA Model Rule 1.5(d), contingent fees are prohibited in which type of matter?

Answer choices A Personal injury cases. B Patent infringement litigation. C Criminal defense cases. D Debt collection actions.
Q3 · MPRE.Rule3.3
Under Rule 3.3, a lawyer who learns after trial that a witness the lawyer called gave materially false testimony must first:

Answer choices A Immediately disclose to the tribunal. B Take reasonable remedial measures, including if necessary disclosure to the tribunal. C Do nothing — the trial is concluded. D File a motion to recuse.

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