Multistate Professional Responsibility Examination (MPRE)Conflicts of InterestEasy
Attorney Miller represents Client X in a lawsuit against Company Y. Client X's claim is based on Company Y's alleged breach of a supply contract. Attorney Miller's law partner, Attorney Davis, simultaneously represents Company Y in an unrelated intellectual property dispute against Company Z. Both Client X and Company Y are sophisticated corporate entities. Can Attorney Miller continue to represent Client X?
- ANo, because the potential for a material limitation on Attorney Miller's representation of Client X is too high.
- BNo, because Attorney Miller's firm has a concurrent conflict of interest due to direct adversity between Client X and Company Y.
- CYes, because the two matters are completely unrelated, and thus there is no direct adversity.
- DYes, if both Client X and Company Y give informed consent, confirmed in writing, after consultation.
Show answer & explanationAnswer & explanation
Correct answer: B. No, because Attorney Miller's firm has a concurrent conflict of interest due to direct adversity between Client X and Company Y.
Rule 1.7(a)(1) prohibits representation if there is a direct adversity between two clients. Even though the matters are unrelated, the firm represents clients directly adverse to each other in different matters, creating a non-consentable conflict.
Why the other options are wrong
- A. While a material limitation may exist, the primary issue here is direct adversity, which is a more fundamental conflict.
- C. This is incorrect. Direct adversity exists even if matters are unrelated.
- D. This is incorrect. Direct adversity in litigation, even unrelated, is generally non-consentable.
Concurrent Conflict: Direct Adversity
A concurrent conflict of interest arises when a lawyer's representation of one client is directly adverse to another client, even if the matters are unrelated.
- Applies to lawyers in the same firm.
- Exists even if the matters are completely separate.
- Often non-consentable in litigation contexts.
Memory trick: Two clients, one firm, different sides, big problem.