Conflict of Interest Multiple Choice Questions

1. Lawyer represents Client, who was seriously injured in an accident and is unable to work. The defendantís liability is quite clear, but the case will take several months for discovery and even longer if it goes to trial. Client is having difficulty paying her bills and daily living expenses. She also canít afford to pay costs necessary to pursue the litigation.

Which of the following is proper?

  1. Lawyer pays deposition expenses, with repayment contingent on the outcome of the case

  2. Lawyer makes a $5,000 loan to Client for living expenses, with repayment required regardless of the outcome of the case

  3. Lawyer pays Clientís rent during the pendency of the litigation, as long as Client is deemed to be indigent

a)  I only

b)  I and II, but not III        

c) I and III, but not II

d) I, II and III

1. Tax Attorney, who is an associate in the Tax Department of XYZ, a 200-person firm, represents Client in a matter before the IRS. Client is challenging a tax assessment from a prior year. Lawyer, a partner in the Litigation Department of XYZ, has been approached by Paula, who was seriously injured when a dog attacked her. Paula wants to sue the owner of the dog.  Client is the dog owner.

Would Lawyer be subject to discipline if he takes this case?

a)    Yes, unless Lawyer and Tax Attorney are screened from each other

b)    Yes, unless Client and Paula give informed consent to the representation

c)     No, because the matters are not substantially related

b)    No, because the lawyers are in different departments and are unlikely to share information