Multistate Professional Responsibility Examination (MPRE)Different Roles of a LawyerEasy
A lawyer represents a married couple in drafting their wills. Both spouses have expressed a desire to leave all their property to each other, and then to their children in equal shares upon the death of the surviving spouse. The lawyer has explained the implications of joint representation, including the potential for conflicts of interest if their interests diverge. The spouses have given informed consent to the joint representation. In this scenario, what is the lawyer primarily acting as?
- AAn evaluator
- BA third-party neutral
- CAn advocate
- DAn intermediary
Show answer & explanationAnswer & explanation
Correct answer: D. An intermediary
In this scenario, the lawyer is acting as an intermediary because they are representing two or more clients with a common interest, helping them reach a mutually agreeable resolution. The primary goal is to facilitate a common understanding and agreement between the parties.
Why the other options are wrong
- A. An evaluator assesses a client's legal situation for a third party, which is not the lawyer's role here.
- B. A third-party neutral facilitates communication between unrepresented parties, which is distinct from representing multiple clients.
- C. An advocate represents one client's interests zealously against another party, which is not the case here.
Lawyer as Intermediary
A lawyer acts as an intermediary when representing two or more clients with common interests to help them reach a mutually agreeable understanding or resolution of a matter.
- Requires informed consent from all clients.
- Must reasonably believe common interests can be served.
- Withdrawal required if conflict arises that cannot be resolved.
Memory trick: Many roles a lawyer plays, from fight to peace, in legal ways.