MPRE - Conflict questions

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MPRE - Conflict questions

Postby forkbeard3777 » Mon Oct 30, 2017 4:18 pm

Hello all,

I have a few questions regarding conflicts imputed onto law firms. If one conflict exists to one member, is it imputed to all members?

1. Associate Aaron is contacted by Moogle LLC to represent them in a breach of contract against Sam's Corp. Sam's Corp is a subsidiary of Partner Paul's client Ball Mart. The firm has an Engagement Letter on file from Ball Mart that states subsidiaries are not clients to the firm. Is there a conflict?

2. Associate Aaron wants to represent Tellio Tech in an contractual issue that would be adverse to Pantoc Corp. Pantoc Corp is Partner Paul's client and he has discussed this contract issue, but has not taken on the work matter officially. Is there a conflict and can it be remedied?

3. Associate Aaron has been contacted by Tellio Tech to represent them in a purchase of Kynx Tech. Kynx is a former client of Partner Paul's. Paul is still employed with the firm, but hasn't worked on any Kynx matters in 3 years. Furthermore, Partner Paul hasn't heard from Kynx in 3 years. Is there a conflict and may it be remedied?

Thanks for you help!

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Re: MPRE - Conflict questions

Postby 2807 » Thu Nov 02, 2017 11:58 pm

Ask yourself, “what are they really testing me on here?”
Here are my thoughts ..

1. Yes. Conflict. They are testing to see if you think you can contract away from a conflict. You can’t.

2. Yes. Conflict. They are testing to see if you realize you have a duty even if you have not “officially” taken on the matter.

3. Yes. Conflict. 3 years and lack of contact not relief from duty. Remedied? ...well, that’s tough.
Maybe with writing from company with approval and full disclosure. But, I don’t like this. Seems like you need to know what they represented the company for 3 years ago. This is a bad question inside a question. If only options are yes/no I would choose no, don’t do it, no remedy. Can’t disclaim a conflict is best approach.

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