Paralegal Cheri worked on the defense of Client Joe Thames. As part of that matter, Cheri worked on restructuring Joe's finances, creating trust funds for his children, and moving some of his money to off-shore accounts. When Cheri moved to the Gnew Law Firm, she participated in Gnew's standard conflict check and discovered no potential conflicts. Some months later, Gnew took on a new collection matter from Bank of West Virginia: Bank v. Joe Thames. Cheri has not been assigned to the case and, in fact, doesn't even work on the same floor as the collection team at Gnew. What is Cheri's obligation?
A) Cheri can but does not have to say anything about the conflict so long as she does not divulge any confidential information about Joe.
B) Cheri should quit her job at Gnew before the whole firm is disqualified from the case.
C) Cheri must bring this information to her supervising lawyer even though she is not working on the case because the law assumes that she will divulge confidential information that is adverse to her former client.
D) Cheri should not say anything about the conflict because she was not assigned to the case.
Question 2
While at Scott & French, Paralegal Nancy worked as part of the litigation team representing the plaintiff in Big Corp vs. Little Corp When Nancy leaves Scott & French to accept a job with William & Marks, she learns that her new employer is contemplating representing Big Corp in a merger with Medium Corp Nancy
A) probably has a conflict of interest if William & Marks takes on the representation AND if the firm assigns Nancy to that matter.
B) probably has a conflict of interest due to her representation of Big Corp. while at Scott & French.
C) probably does not have a conflict of interest because the new representation does not appear to be materially adverse to the former representation.
D) probably does not have a conflict of interest because the new matter is not litigation.
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