Conflicts of Interest Worksheet

Using the information from the textbook and the TDRPC indicate whether each fact pattern represents a conflict of interest or not. Indicate your choice with a Y for yes, or N for No.

1. _____ Lawyer inherits stock in Verizon from his aunt in 2019. Lawyer's firm is retained to conduct a lawsuit against Verizon.

2. _____ Paralegal is a beneficiary in her grandfather's will. Paralegal's supervising attorney drafts a new will for the grandfather based on Paralegal's recommendations.

3. _____ Lawyer writes a contract of sale for his client to purchase a business that includes a clause requiring the seller to hire the lawyer's firm to prepare title documents.

4. _____ Paralegal has a friend who works at Geico. The fried uses her position to refer cases to the paralegal's firm to defend when its insureds are sued. Lawyers in Paralegal's firm accept the referrals and represent (owe duty to) the insureds in these cases.

5. _____ Husband and wife hire an attorney to defend them in a lawsuit filed against them for owning a dangerous animal.

6. _____ Husband and Wife are both named in a suit for unpaid child support by Husband's previous spouse. Husband and Wife want the same attorney to represent both of them.

7. _____ Client hired law firm to defend against a frivolous lawsuit by Defendant. The suit is resolved, and many years later, the client dies of natural causes with no more transactions with the law firm. Plaintiff in the old case now wants to retain the firm to represent her in a personal injury suit

8. _____ Paralegal worked for Firm A while she attended law school. After graduation, Paralegal (now an attorney) applies for job with Firm B, who may have had cases in common with Firm A.

9. _____ Client agrees to pay Law Firm a percentage of any winnings from the personal injury suit he is pursuing.

10. _____ Client agrees to pay Law Firm a percentage of any alimony she is granted in the divorce she is litigating.

11. _____ Client agrees to assign movie rights to Law Firm as a means of paying for legal services.

12. _____ Paralegal is a former employee of the IRS. She is hired by a firm that specializes in tax law.

13. _____ Lawyer volunteers his time as a board member for the Fiesta commission. His firm is retained by a plaintiff who wants to sue the commission for discriminatory hiring.

14. _____ Client fails to pay the law firm at the end of the representation. Law firm is aware the Client owns rental property and puts a lien against that property to obtain its fee.

15. _____ Lawyer A, a criminal defense attorney, has a close friendship with Lawyer B, a tax attorney. Lawyer A frequently sends clients with tax problems to Lawyer B and accepts a standard referral fee each time.

16. _____ Lawyer represents adoption agency in termination of a biological father's parental rights. The adoptive parents of the child in the first suit want to retain Lawyer to finalize their adoption proceedings.

17. _____ Paralegal witnesses a car accident on his way to work and fives a statement to the police officer on the scene. Later (unknown to Paralegal) Driver 1 hires Paralegal's law firm to sue Driver 2.

18. _____Lawyer is employed as house counsel to H-E-B. She is asked by the CEO to give advice on a paternity suit filed against him.

19. ____ Client regularly employs Law Firm in transactional matters. At Christmas, Client gives the firm a bottle of wine.

20. _____ Lawyer is a member of the San Antonio Rotary Club. The Rotary Club is sued for sexual harassment.

21. _____ Lawyer's spouse is a former employee of Valero. Lawyer's firm represents Valero.

22. _____ Judge Nellermoe served as a District Court judge for twelve years. After she retires and begins to practice as a lawyer again, she is asked to represent a client in a divorce. Client also has a breach of contract suit pending in Nellermoe's old court.

23. _____ Client buys a Porsche belonging to Lawyer's husband after the representation has ended.

24. _____ A regular client of a law firm gives the managing partner one hundred shares of Apple stock as a birthday gift.

25. _____ A personal injury attorney pays for the physical therapy of an injured client.