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Question
1. Is it ethical for Edmund and Sun to represent both the venture capitalists and new clients (start ups) that need funding? Is this a current conflict or a former client conflict? Which rule(s) supports your answer?
2. How might the interests of these two clients conflict? Describe what possible situations could arise from representing both the venture capitalists and the start up(s) at the same time?
3. Assuming that here may be potential conflicts, are consents needed? If so, by which client(s)? Cite the rule that supports your answer.
4. IF Edmund & Sun does go ahead and represent both a venture capitalist and a start up by drafting necessary legal documents for the arrangement and a dispute occurs between them, may Edmund represent either the start up or the venture capitalist in the litigation that results from the dispute?
5. May Frank invest his own money in the start up's new company? If so, does he need consent from the client? Cite the applicable conflicts rules that support your answer.
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