Attorney Davies is a solo practitioner. Her sister, Ms. Evelyn, is a litigant in a complex civil case. Ms. Evelyn asks Attorney Davies to represent her. Attorney Davies believes she can competently and diligently represent her sister despite their close familial relationship. What must Attorney Davies do before representing Ms. Evelyn?
- AObtain Ms. Evelyn's informed consent, confirmed in writing, regarding the potential conflict arising from their familial relationship.
- BDisclose her familial relationship to the opposing counsel and the court, but no consent from Ms. Evelyn is required.
- CDecline to represent Ms. Evelyn, as representing a close family member always creates an unconsentable conflict of interest.
- DNothing, as long as she believes she can provide competent representation, no conflict exists.
Show answer & explanationAnswer & explanation
Correct answer: A. Obtain Ms. Evelyn's informed consent, confirmed in writing, regarding the potential conflict arising from their familial relationship.
A lawyer's personal relationships, including with close family members, can create a significant risk that the representation will be materially limited by the lawyer's personal interest. This constitutes a concurrent conflict of interest requiring the client's informed consent, confirmed in writing, provided the lawyer reasonably believes they can still provide competent and diligent representation.
Why the other options are wrong
- B. Disclosure to opposing counsel or court is not generally required by the rules for this type of conflict, and client consent is explicitly needed.
- C. This type of conflict is generally consentable, assuming the lawyer can still competently represent the client.
- D. A lawyer's belief in competence is necessary but not sufficient; the conflict must still be addressed.
Personal Interest Conflict (Family Relationship)
A lawyer's personal interest, such as a close familial relationship with a client, can create a material limitation conflict of interest, requiring the lawyer to obtain informed consent, confirmed in writing, from the client.
- Falls under the 'material limitation' category of concurrent conflicts.
- The lawyer must reasonably believe they can still represent the client competently.
- Informed consent, confirmed in writing, is crucial.
Memory trick: Family ties can tangle legal duties; always get it in writing.