Professional Responsibility & MPRE: Conflicts of Interest - Current, Former & Prospective Clients, Consent, Business Transactions, Gifts, 3rd-Party Payment, Aggregate Settlements, Imputation, & Screen
About this episode
The episode discusses various aspects of conflicts of interest in legal practice, including client trust and informed consent.
» 📘VIEW THE COMPANION STUDY GUIDE📘[💡FREE💡] « ▬▬▬▬▬▬▬▬▬▬ EPISODE SUMMARY Conflicts of interest protect loyalty, confidentiality, independent professional judgment, and client trust. A conflict may arise from direct adversity, material limitation, former-client duties, prospective-client information, personal interests, business transactions, third-party payment, or imputation within a firm. A current-client conflict exists when representation is directly adverse to another current client or when there is a significant risk that representation will be materially limited by duties to another client, a former client, a third person, or the lawyer’s own interests. Some conflicts are consentable, but only if the lawyer reasonably believes competent and diligent representation is possible, the law does not prohibit the representation, and the matter does not involve one client asserting a claim against another client in the same proceeding. Informed consent requires explanation of material risks and reasonably available alternatives. When required, consent must be confirmed in writing. Business transactions with clients require fair and reasonable terms, written…
Topics covered
- conflicts of interest
- professional responsibility
- client trust
- informed consent
- business transactions
- third-party payment
Keywords
- conflicts of interest
- professional responsibility
- informed consent
- business transactions
- client confidentiality
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