Conflicts of Interest
Conflict questions test current, former, prospective, imputed, personal-interest, business, third-party, government, judge, and neutral conflicts.
How to study for the MPRE
Treat each item as a professional responsibility priority problem: identify the lawyer's role, client status, duty, exception, consent issue, and best ethical action.
Core concepts
Concept 1
Current-client conflicts often require direct adversity or material limitation analysis.
Exam cue: Identify current, former, prospective, government, or personal-interest conflict first.
Concept 2
Former and prospective client conflicts turn on related matters and protected information.
Exam cue: Ask whether informed consent can cure the conflict.
Concept 3
Some conflicts are consentable with informed written consent, while others are nonconsentable.
Exam cue: Check imputation to the firm unless a screening exception applies.
Risk pitfalls and guardrails
Assuming every conflict is consentable.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Ignoring material limitation when parties are not directly adverse.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Forgetting imputed conflicts within a firm.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Memory anchors
Direct Adversity
Direct adversity exists when a lawyer represents one client against another client.
Material Limitation
Material limitation occurs when another duty or interest significantly risks limiting representation.
Informed Written Consent
Informed written consent may cure some conflicts after adequate disclosure.
Nonconsentable Conflict
A nonconsentable conflict cannot be cured by client consent.
Former Client Conflict
Former client conflicts focus on substantially related matters and adverse interests.
Prospective Client
Prospective client duties can arise from consultation even without representation.
Imputed Conflict
Imputed conflicts can disqualify lawyers associated in a firm.
Business Transaction
Business transactions with clients require fairness, disclosure, writing, advice to seek counsel, and consent.
Third-Party Payor
Third-party payment cannot interfere with professional judgment or confidentiality.
Government Lawyer Conflict
Government lawyer conflicts apply special rules for former or current public service.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A lawyer currently represents a supplier in a contract audit. An unrelated client asks the lawyer to sue that supplier over a separate automobile accident. The lawyer could handle both competently. Is there a current-client conflict?
A lawyer jointly represents two founders negotiating a buyout from a third party. One founder now wants maximum cash, while the other wants ongoing control, creating a significant risk that counsel’s advice to each will be materially limited. What should counsel do?
Answer all questions to submit.
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Move forward only after this module is stable.
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