Conflicts of Interest
The largest area on the MPRE. Identify the clients, find the conflict, decide whether it is consentable, obtain informed consent confirmed in writing, and then ask whether the conflict spreads to the firm.
Current and former clients
Rule 1.7 bars representation that is directly adverse to a current client, even in an unrelated matter, or that carries a significant risk of material limitation, unless the conflict is consentable and each affected client consents in writing. Opposing parties in the same lawsuit can never be represented together. Rule 1.9 protects former clients in the same or a substantially related matter, and Rule 1.18 protects prospective clients who shared significantly harmful information.
Specific rules and imputation
Rule 1.8 lists specific prohibitions, including business deals with clients without written safeguards, drafting instruments that give the lawyer substantial gifts, and financial help in litigation beyond costs. Rule 1.10 imputes most conflicts firm-wide, with exceptions for purely personal conflicts and screened lateral lawyers; Rules 1.11 and 1.12 govern government lawyers and former judges and neutrals. The study guide devotes its longest chapter to these rules.
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