Attorney Kim represents a non-profit environmental organization, 'Green Earth,' in its efforts to oppose the construction of a new factory by 'MegaCorp.' Attorney Kim also serves on the board of directors of a local land trust, which is considering acquiring a parcel of land near the proposed factory site for conservation purposes. The land trust's acquisition would significantly complicate MegaCorp's plans and strengthen Green Earth's position. Attorney Kim has not disclosed her board membership to Green Earth. Is Attorney Kim's conduct permissible?
- ANo, because her personal interest as a director of the land trust creates a material limitation on her representation of Green Earth, requiring informed consent.
- BYes, because her board membership is a pro bono activity and does not directly involve financial gain for Attorney Kim.
- CYes, as long as Attorney Kim recuses herself from any decisions made by the land trust regarding the acquisition.
- DNo, because serving on the board of a potentially adverse organization creates an unconsentable conflict of interest.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because her personal interest as a director of the land trust creates a material limitation on her representation of Green Earth, requiring informed consent.
Attorney Kim's role on the land trust's board creates a personal interest that may materially limit her ability to represent Green Earth diligently and zealously. Her allegiance to the land trust (even if pro bono) could influence her advice or actions in the representation of Green Earth, creating a material limitation conflict requiring informed consent, confirmed in writing.
Why the other options are wrong
- B. The absence of direct financial gain does not negate a material limitation conflict if a personal interest affects professional judgment.
- C. Recusal from board decisions might mitigate the conflict but does not eliminate the need for informed consent from Green Earth regarding the initial conflict.
- D. This conflict is generally consentable, provided the lawyer reasonably believes they can provide competent and diligent representation.
Material Limitation Conflict (Personal Interest)
A concurrent conflict of interest exists if there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
- Can arise from a lawyer's personal, financial, or political interests.
- Requires informed consent, confirmed in writing, if the conflict is consentable.
- The lawyer must reasonably believe they can provide competent and diligent representation.
Memory trick: My own interests can't block my client's path.