Conflicts of Interest (MR 1.7-1.9)
Professional Responsibility · Lesson 03
Conflicts of Interest (MR 1.7-1.9)
這一課問的是：利益衝突是否阻卻代理？或可放棄？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Does a conflict of interest preclude the representation — or may it be waived?
這一課問的是：利益衝突是否阻卻代理？或可放棄？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 1.7
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Concurrent conflict of interest.
當前利益衝突。
directly adverse
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Lawyer represents one client against another.
直接對立。
material limitation
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Lawyer's representation materially limited.
重大限制。
informed consent
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Client's informed consent + writing required.
知情同意。
non-consentable
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Some conflicts cannot be waived.
不可放棄。
MR 1.9
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Former client conflict — substantially related matter.
前客戶衝突。
MR 1.10
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Imputation of conflicts to firm.
公司歸屬。
Issue · what this lesson is really about
Does a conflict of interest preclude the representation — or may it be waived?
這一課問的是：利益衝突是否阻卻代理？或可放棄？
Trigger words & phrases that should flag this issue:
conflictformer clientmaterial adversitywaiverinformed consent
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State MR 1.7 | Concurrent conflict exists where representation is directly adverse to another client or materially limited. | 當前衝突：直接對立 或 重大限制。 |
| Apply informed consent | Informed consent + writing may permit representation despite conflict, but some conflicts non-consentable. | 知情同意 + 書面可豁免，但部分不可放棄。 |
| Apply MR 1.9 | Former client conflict: substantially related matter + materially adverse interests. | 前客戶衝突：實質相關事項 + 重大對立利益。 |
| Apply MR 1.10 | Conflicts generally imputed to all lawyers in firm; some screening exceptions. | 衝突歸屬全公司；部分屏蔽例外。 |
Rule Sentence · the workhorse
Under MR 1.7, a concurrent conflict exists where representation is directly adverse to another client or materially limited by responsibilities to others; the lawyer may proceed only with informed written consent if the conflict is consentable; MR 1.9 prohibits representing a new client against a former client in a substantially related matter; MR 1.10 imputes conflicts to the firm.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer律師
Act 行為representing client(s)代理客戶
Object 對象matter with conflicting interests利益衝突之事項
Standard 法律標準MR 1.7-1.10MR 1.7-1.10
Consequence 後果representation barred or waived代理阻卻或放棄
Casebook Snapshot · a real American case
Cuyler v. Sullivan
Holding. In criminal cases, an actual conflict of interest that adversely affects counsel's performance constitutes ineffective assistance of counsel. Multiple representation in criminal matters carries inherent risks that must be assessed.
Why it matters. Cuyler links conflicts to constitutional rights — conflict + adverse effect = ineffective counsel.
Cuyler：實際衝突 + 不利影響 = 無效律師。
Common Mistakes · what trips students
✗ informed consent 全部 conflicts 可放棄。
✓ Some are non-consentable (representing both sides in same litigation).
部分不可放棄。
✗ MR 1.9 限於 specific matter。
✓ Covers substantially related matters too.
涵蓋實質相關。
Mini IRAC · build the Application
Issue. May Lawyer L represent both H and W in a divorce proceeding where they currently agree on all terms?
Rule. Under MR 1.7, a concurrent conflict exists where representation is directly adverse to another client or materially limited by responsibilities to others; some conflicts are non-consentable.
Application (model). L proposes to represent both H and W in a divorce — fundamentally adversarial proceedings even when amicable. Because divorce involves directly adverse interests (allocation of property, support, custody) and is generally non-consentable for one lawyer representing both spouses, the fact that the matter is divorce — where the spouses' interests are inherently adverse — means even informed consent may not save the representation.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L cannot represent both H and W in the divorce; L may represent one, with the other obtaining separate counsel, or serve as mediator (under MR 2.4).
MBE Check · multiple choice
Lawyer L represented client A in negotiating a real estate purchase. The matter ended 6 years ago. Now client B asks L to represent B in a lawsuit against A relating to that same real estate. Permissible?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: