The dual representation also is directly adverse if the lawyer reasonably appears to be called upon to espouse adverse positions in the same matter or a related matter. An impermissible conflict of interest may exist before representation is undertaken, in which event the representation should be declined. Conflict Charged by an Opposing Party When more than one client is involved, the question of conflict must be resolved as to each client. Conflicts in Litigation 3. In a criminal case, inquiry by the court is generally required when a lawyer represents multiple defendants. Disclosure and consent are not formalities. The critical questions are the likelihood that a conflict exists or will eventuate and, if it does, whether it will materially and adversely affect the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client. On the other hand, simultaneous representation in unrelated matters of clients whose interests are only generally adverse, such as competing economic enterprises, does not constitute the representation of directly adverse interests.
Many consider their clients to be good or even close friends. More rare is the personal relationship between attorney and client that is romantic or Texas Judge Overturns Landmark Law Favoring Indian Tribes in Native.
Texas Disciplinary Rules of Professional Conduct
Texas lawyers divided over 'sex with clients' rule against an attorney engaging in a sexual relationship with a client - a common restriction for. A California law makes clear that an attorney has a fiduciary relationship — or a heightened duty of loyalty and due care — to the client. Hence.
The question is often one of proximity and degree. The potential for conflict of interest in representing multiple defendants in a criminal case is so grave that ordinarily a lawyer should decline to represent more than one co-defendant.
A lawyer for a corporation or other organization who is also a member of its board of directors should determine whether the responsibilities of the two roles may conflict.
Paragraph b 2 addresses such situations. A lawyer may represent parties having antagonistic positions on a legal question that has arisen in different cases, unless representation of either client would be adversely affected.
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|However, the client's consent to the representation by the lawyer of another whose interests are directly adverse is insufficient unless the lawyer also believes that there will be no materially adverse effect upon the interests of either client.
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A fundamental principle recognized by paragraph a is that a lawyer may not represent opposing parties in litigation.
Within the meaning of Rule 1. Conflict questions may also arise in estate planning and estate administration. Where the conflict is such as clearly to call in question the fair or efficient administration of justice, opposing counsel may properly raise the question.
If the probity of a lawyer's own conduct in a transaction is in question, it may be difficult for the lawyer to give a client detached advice. The term "opposing parties" as used in this Rule contemplates a situation where a judgment favorable to one of the parties will directly impact unfavorably upon the other party.
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sex with clients," SMU law professor Linda Eads told Texas Lawyer. In an attorney-client relationship, the attorney holds the position of power and .
Texas, Hawaii, and Rhode Island found that a sexual relationship between. Loyalty is an essential element in the lawyer's relationship to a client. An impermissible conflict of interest may exist before representation is undertaken, in which.
A lawyer may be called upon to prepare wills for several family members, such as husband and wife, and, depending upon the circumstances, a conflict of interest may arise.
It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. Ordinarily, it is not advisable for a lawyer to act as advocate against a client the lawyer represents in some other matter, even if the other matter is wholly unrelated and even if paragraphs ab and d are not applicable.
Loyalty to a client is impaired not only by the representation of opposing parties in situations within paragraphs a and b 1 but also in any situation when a lawyer may not be able to consider, recommend or carry out an appropriate course of action for one client because of the lawyer's own interests or responsibilities to others. Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.
It is very possible that we will revive it at a future time.
For example, when the lawyer represents different clients in related matters and one of the clients refuses to consent to the disclosure necessary to permit the other client to make an informed decision, the lawyer cannot properly ask the latter to consent.
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|A potential possible conflict does not itself necessarily preclude the representation.
An impermissible conflict may exist or develop by reason of substantial discrepancy in the parties' testimony, incompatibility in positions in relation to an opposing party or the fact that there are substantially different possibilities of settlement of the claims or liabilities in question. Non-litigation Conflict Situations On the other hand, common representation of persons having similar interests is proper if the risk of adverse effect is minimal and the requirements of paragraph b are met.
Within the meaning of Rule 1. Loyalty is an essential element in the lawyer's relationship to a client.