Attorney V is representing Client W in a civil lawsuit. During the discovery phase, Attorney V learns that opposing counsel, Attorney X, is a former law school classmate and a close personal friend. They regularly socialize together with their families. Attorney V believes this relationship will not affect his ability to zealously represent Client W. What is Attorney V's ethical obligation?
- AAttorney V must offer to mediate the dispute due to his relationship with opposing counsel.
- BAttorney V must disclose the relationship to Client W and obtain Client W's informed consent, confirmed in writing.
- CAttorney V must withdraw from the representation due to the close personal relationship.
- DAttorney V has no ethical obligation to disclose the relationship as long as he believes it will not affect his representation.
Show answer & explanationAnswer & explanation
Correct answer: B. Attorney V must disclose the relationship to Client W and obtain Client W's informed consent, confirmed in writing.
This situation presents a material limitation conflict under Rule 1.7(a)(2) due to Attorney V's 'personal interest' (his close friendship with opposing counsel). While not automatically disqualifying, there is a 'significant risk' that the close relationship could 'materially limit' Attorney V's representation of Client W (e.g., reluctance to be overly aggressive, desire to maintain the friendship). Therefore, Attorney V must disclose the relationship to Client W and obtain informed consent, confirmed in writing, if Attorney V reasonably believes he can still provide competent and diligent representation.
Why the other options are wrong
- A. Offering to mediate is not an ethical obligation and could itself raise further conflict issues.
- C. Withdrawal is not automatically required for such a relationship; disclosure and consent are often sufficient.
- D. This is incorrect. The lawyer's subjective belief is not sufficient; the risk must be disclosed to the client for informed consent.
Lawyer's Personal Interest (Close Relationship with Opposing Counsel)
A conflict of interest exists when a lawyer's close personal relationship with opposing counsel creates a significant risk that the lawyer's representation of a client will be materially limited. Disclosure and informed consent from the client are typically required.
- Close relationships with opposing counsel can be a 'personal interest'.
- Can create a material limitation conflict (Rule 1.7(a)(2)).
- Requires disclosure to the client.
- Requires informed consent, confirmed in writing, if waivable.
Memory trick: Friends' Fights Force Full Facts For Fairness.