What consitutes conflict of interest?

[Mass_Shyster]

More accurately: nothing will provide you with a greater desire to do court appointed work than financial necessity since your legal abilities fail to attract paying clients and you are forced to live off the taxpayer much like a welfare recipient.

Since working as a public defender will net me about 1/2 of what I'm currently making, it would seem that this statement, like most others you have made, are incorrect.

Ask and you shall receive:

Virginia Rules of Professional Conduct Rule 1.9

Swing and a miss.

Viriginia Rules of Professional Conduct Rule 1.10

Strike Two

Virginia Rules of Professional Conduct - Conflict of Interest

Strike Three - You're outta here!!

The correct answer was 1.18, but thanks for playing.

 

[Ohiogal]

What do you fail to understand from the RPC? The attorney may not represent a new client with interests adverse to a former client. An attorney-client relationship is formed at the initial consultation when confidential/privileged information is exchanged and/or money. Most family law attorneys (the better ones anyway) do not offer free consultations.

Yet she hasn't stated that she gave ANY confidential/privileged information to the attorney at all. She could have met with an attorney at a "help desk" situation to find out about forms or procedure. Hey but you apparently don't understand that as OP hasn't stated what was stated. Only that she attorney-shopped (which could have meant asking questions such as retainer, hourly rate, length of time in practice or what not and moving on until she got the answers she wanted). Again, my answer was correct. Yours was not. An attorney is NOT automatically disqualified because someone calls them.

 

[ecmst12]

For BigMouth's enlightenment:
http://www.vsb.org/pro-guidelines/index.php/rules/client-lawyer-relationship/rule1-18/

 

[Ohiogal]

And 1.18 is what I said;

Duties to Prospective Client
(a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.
(b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client.
(c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter, except as provided in paragraph (d). If a lawyer is disqualified from representation under this paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter, except as provided in paragraph (d).
(d) When the lawyer has received disqualifying information as defined in paragraph (c), representation is permissible if: (1) both the affected client and the prospective client have given informed consent, confirmed in writing, or
(2) the lawyer who received the information took reasonable measures to avoid exposure to more disqualifying information than was reasonably necessary to determine whether to represent the prospective client; and (i) the disqualified lawyer is timely screened from any participation in the matter; the disqualified lawyer reasonably believes that the screen would be effective to sufficiently protect information that could be significantly harmful to the prospective client; and
(ii) written notice that includes a general description of the subject matter about which the lawyer was consulted and the screening procedures employed is promptly given to the prospective client.

Which goes back to my first answer being the correct one.

Could almost possibly be.

Note we do not know that any confidential information was given -- unlike what the wino assumes.