Explore the legal terms and concepts related to Loyalty. Click on any term below to learn more about its definition and applications.
When may there be a conflict of interest with a former client?
According to Rule 1.9(a), a lawyer must not represent another person in the same or a substantially...
In assessing a conflict of interest, what is a concurrent conflict?
Under Rule 1.7(a), a concurrent conflict exists when the representation of a client will be directly...
How can screening avoid imputed conflicts?
Under Rule 1.10(a)(2), when a lawyer joins a new law firm, their Rule 1.9 conflicts will not be impu...
How do the California rules differ from the ABA when it comes to a lawyer accepting compensation from a party other than their client?
Unlike the ABA rules, which accept verbal or written informed consent, California requires the infor...
When does the general rule of imputed conflicts NOT apply?
The general rule of imputed conflicts does not apply to (1) conflicts caused by former and current g...
What is an imputed conflict and how can it be resolved?
Generally, if a lawyer faces a conflict of interest, no lawyer in that lawyer's firm may represent t...
Can an attorney continue to represent a client if a conflict exists?
Yes. The Under Rule 1.7(b), the ABA permits an attorney to continue representing a client in the fac...
What is required in order for a lawyer to accept compensation from a party other than their client?
Under Rule 1.8(f), a lawyer must not accept compensation for representing a client from someone othe...
When may a lawyer appear as a witness in a matter where they represent a party?
A lawyer may not appear as counsel and witness in the same trial unless: (1) their testimony is unco...
In California, how can a lawyer limit their malpractice liability with a client?
They can't. Unlike the ABA rules, California does not allow lawyers to seek out ways to limit their...
How can a lawyer limit their malpractice liability with a client?
If a lawyer is seeking to enter an agreement with a client to limit their past malpractice, the lawy...
In California, are lawyer's allowed to have sex with their clients?
Yes. However, a lawyer is prohibited from (1) demanding sexual relations with a client as a conditio...
Are lawyers allowed to have sex with their clients?
A lawyer may not have a sexual relationship with a client unless the lawyer and client had a preexis...
In California, what are the restrictions related to lawyers acquiring the media rights of their clients?
Unlike the ABA, California rules do not explicitly interfere with these types of client transactions...
What are the restrictions related to lawyers acquiring the media rights of their clients?
Under Rule 1.8(d), prior to the conclusion of representation of a client, a lawyer may not make or n...
In California, what are the restrictions related to lawyers receiving gifts from their clients?
In California, a lawyer may not induce a substantial gift from a client or prepare an instrument tha...
What are the restrictions related to lawyers receiving gifts from their clients?
Under Rule 1.8(c), a lawyer may not solicit a substantial gift from a client or prepare an instrumen...
In California, how must a lawyer advise their client to seek independent counsel when dealing with potential financial conflicts?
When a lawyer enters into a business transaction with a client, the lawyer must advise the client to...
What is required in order for a lawyer to avoid a financial conflict with a client?
Under Rule 1.8(a), whenever a financial transaction is involved, the following is required for the t...
What are the most common types of conflicts of interest that involve a lawyer's own interest?
Common conflicts of interest involving the lawyer's own interests are: (1) financial conflicts invol...
In California, may a lawyer represent an insurance company and its policyholder as joint clients?
California has a statutory exception that states there is no conflict when a lawyer represents a pol...
What are some common issues that occur when a lawyer represents multiple clients in the same matter?
Representing multiple clients in the same matter raises risks that your service may become materiall...
Does representing clients with inconsistent positions violate the lawyer's Duty of Loyalty?
Generally, taking inconsistent positions with respect to different clients does not present a confli...
In assessing the Duty of Loyalty, what's the difference between an actual conflict and a potential conflict?
The distinction between an actual conflict and a potential conflict of interest is addressed in Rule...
What is the Duty of Loyalty?
A lawyer owes their client a duty of loyalty, which means avoiding or mitigating conflicts of intere...
When may a lawyer loan money to a client?
Under Rule 1.8(e) lawyer may not financially assist a client, except for: (1) litigation expenses fo...
In California, when may a lawyer loan money to a client?
A lawyer may not promise to pay a prospective client's debts, but may make loans to a client in all...
