A lawyer is asked by a former client, who is now a government official, to provide a legal opinion on the legality of a new government policy. The opinion is requested for internal use within the government agency to assess compliance with existing laws. The lawyer is aware that the policy is controversial and could face public scrutiny. The lawyer's prior representation of the official was on unrelated personal matters. What is the lawyer's primary ethical consideration when deciding whether to undertake this evaluation?
- AThe duty of confidentiality to the former client regarding their personal matters.
- BEnsuring the evaluation is compatible with other client relationships and the lawyer's independence.
- CWhether the compensation offered for the evaluation is adequate.
- DThe potential for the opinion to become public and reflect poorly on the lawyer.
Show answer & explanationAnswer & explanation
Correct answer: B. Ensuring the evaluation is compatible with other client relationships and the lawyer's independence.
When undertaking an evaluation for a third party (even if the 'third party' is the government and the 'client' is the official's agency), the lawyer must ensure that the evaluation is compatible with other aspects of the lawyer's relationship with the client. This includes maintaining independence and avoiding conflicts of interest that could arise from other representations or personal interests.
Why the other options are wrong
- A. While confidentiality is always relevant, the new engagement is for the government agency, not the former client personally, and on an unrelated matter. This is less primary than ensuring the evaluation itself is uncompromised.
- C. Adequate compensation is a contractual matter, not a primary ethical consideration in deciding to undertake an evaluation.
- D. While a practical concern, it is not the primary ethical consideration under the rules for an evaluator.
Evaluator: Compatibility & Independence
A lawyer acting as an evaluator must ensure the evaluation is compatible with their other professional obligations and that their independence of judgment is not compromised, especially when the evaluation is for a third party.
- Avoids conflicts that impair objectivity.
- Ensures independent professional judgment.
- Relates to integrity of the evaluation process.
Memory trick: Independent thought, a truthful guide, no hidden bias, nowhere to hide.