MPRE Rules Practice Test

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Under Rule 1.9, when may a lawyer not represent a new client in a substantially related matter adverse to a former client unless what condition is met?

The former client provides informed written consent.

When a lawyer has previously represented a client in a matter, they may not take on a new matter for another client if that new matter is substantially related to the former representation and would be adverse to the former client, unless the former client provides informed written consent, confirmed in writing. The idea is to protect the former client's confidences and prevent unfair use of information learned during the prior representation. Informed means the former client understands the risks and implications of the new representation, and the consent must be in writing to create a clear record of the waiver and its scope. If there is no such consent, the lawyer may not proceed with the new representation.

The lawyer obtains a personal loan from the new client.

The matter is not substantially related.

The lawyer resigns from the bar.

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