when lawyers represent another attorney ethics lawyer lawyer relationship

When one lawyer represents another, the ethical propriety of their representing persons whose interests are directly adverse depends upon the effect of such representation on each lawyer's ability to represent his "third-party" client in full compliance with the Model Rules of Professional Conduct.

Full Answer

Can a lawyer related to another lawyer represent a client?

A lawyer must represent a client competently. If a lawyer is not competent to handle a legal matter, that lawyer is generally required to become competent, either by consulting with another lawyer or conducting adequate research. Furthermore, a lawyer should not handle a legal matter without adequate preparation under the circumstances.

When can an attorney not represent you?

Transactions With Persons Other Than Clients [1] This Rule contributes to the proper functioning of the legal system by protecting a person who has chosen to be represented by a lawyer in a matter against possible overreaching by other lawyers who are participating in the matter, interference by those lawyers with the client-lawyer relationship and the uncounselled …

What are attorney ethics and why are they important?

Mar 12, 2018 · In Texas, courts have looked with disapproval on family law attorneys engaging in intimate relationships with their clients that they represent during a divorce proceeding. In another instance ...

When does a lawyer have actual knowledge of a representation?

Thus, a lawyer related to another lawyer, e.g., as parent, child, sibling or spouse, ordinarily may not represent a client in a matter where that lawyer is representing another party, unless each client gives informed consent.

Can two lawyers represent each other?

What are the two conflicts involving representation of clients?

What is considered conflict of interest in court?

What is the rule about simultaneously representing two clients whose interests are adverse?

What does it mean when a lawyer says there is a conflict?

What risks are involved when a lawyer simultaneously represents two or more clients on the same side of litigation?

What are the 4 types of conflict?

What are some examples of conflicts of interest?

How do lawyers avoid conflict of interest?

Which of the following is a concurrent conflict that often prohibits the lawyer from representing both parties?

When should a law firm conduct a conflicts check?

Can a lawyer represent two opposing clients?

What are the duties of a lawyer?

Although the rules vary from state to state, there are some basic duties that lawyers often have. For example, your lawyer must: 1 represent you competently, zealously, and within the bounds of the law 2 keep conversations with you confidential, except in specific and rare occasions 3 communicate with you in a timely and effective manner 4 keep you informed of developments in your case 5 obtain your approval before agreeing to a settlement or other resolution of your case 6 avoid conflicts of interest, such as representing another client whose interests oppose yours 7 keep your personal funds in an escrow account for you, separate from the lawyer’s own funds or other client funds, and 8 return your money or property upon request, including your client file.

What happens if a lawyer violates the rules?

If your lawyer violates these rules, he or she can be disciplined or even face a legal malpractice suit.

How to sign a retainer agreement?

If you signed a retainer agreement when your hired your lawyer, it may include specific duties that you owe your lawyer. Because the retainer agreement is a contract, you are legally bound by its terms. In general, clients have the following duties: 1 Be truthful with your lawyer. 2 Cooperate with your lawyer and respond to requests for information in a timely manner. 3 Attend meetings and legal proceedings, such as a deposition or mediation. 4 Be courteous to your lawyer and his or her team. 5 Don’t ask your lawyer to do anything illegal or unethical. 6 Pay your legal bills in a timely manner.

What are the rules of professional conduct?

Each state has its own ethical rules for lawyers, called the rules of professional conduct. When lawyers fail to live up to this code of conduct, the state disciplinary board can take action against them—from a simple warning to disbarment (losing the license to practice law forever).

How to represent you in court?

represent you competently, zealously, and within the bounds of the law. keep conversations with you confidential, except in specific and rare occasions. communicate with you in a timely and effective manner. keep you informed of developments in your case.

What is attorney-client privilege?

When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission.

Can a lawyer disclose confidential information?

This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission. Except for some very limited exceptions, even a court of law can’t force your lawyer to reveal the content of your discussions.

Can a lawyer represent another person?

Thus, a lawyer related to another lawyer, e.g., as parent, child, sibling or spouse, ordinarily may not represent a client in a matter where that lawyer is representing another party, unless each client gives informed consent.

Can a client terminate a lawyer's representation?

[21] A client who has given consent to a conflict may revoke the consent and, like any other client, may terminate the lawyer's representation at any time. Whether revoking consent to the client's own representation precludes the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the conflict, whether the client revoked consent because of a material change in circumstances, the reasonable expectations of the other client and whether material detriment to the other clients or the lawyer would result.

What are concurrent conflicts of interest?

Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests. For specific Rules regarding certain concurrent conflicts of interest, see Rule 1.8. For former client conflicts of interest, see Rule 1.9. For conflicts of interest involving prospective clients, see Rule 1.18. For definitions of "informed consent" and "confirmed in writing," see Rule 1.0 (e) and (b).

What is a conflict of interest in a lawyer?

[8] Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests. For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others. The conflict in effect forecloses alternatives that would otherwise be available to the client. The mere possibility of subsequent harm does not itself require disclosure and consent. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.

Why is a lawyer asked to represent several individuals seeking to form a joint venture likely to be materially limited in

For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others.

Can a lawyer be paid from a co-client?

Interest of Person Paying for a Lawyer's Service. [13] A lawyer may be paid from a source other than the client, including a co-client, if the client is informed of that fact and consents and the arrangement does not compromise the lawyer's duty of loyalty or independent judgment to the client. See Rule 1.8 (f).

Can a lawyer represent a parent or subsidiary?

[34] A lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. See Rule 1.13 (a). Thus, the lawyer for an organization is not barred from accepting representation adverse to an affiliate in an unrelated matter, unless the circumstances are such that the affiliate should also be considered a client of the lawyer, there is an understanding between the lawyer and the organizational client that the lawyer will avoid representation adverse to the client's affiliates, or the lawyer's obligations to either the organizational client or the new client are likely to limit materially the lawyer's representation of the other client.

Can an attorney represent you in a lawsuit?

For example, if you want to sue your neighbor, but an attorney also represents your neighbor’s business, the attorney cannot simultaneously represent you in your lawsuit.

Why do clients come to lawyers?

Clients put a great deal of faith in their lawyers. As with doctors, clients come to attorneys for serious problems—problems that they cannot solve on their own, thus putting them in a potentially vulnerable position.

What is attorney-client privilege?

The attorney-client privilege means that generally the attorney (and all personnel in the attorney's office) can't reveal confidential information the client conveys to the attorney in the course of representation or when seeking ...

What is competence in law?

Competence. You are entitled to competent representation by the attorney. Competency requires both intelligence and experience on the part of the attorney. There are ethical rules that prohibit an attorney from taking a case that is frivolous (lacks merit) or is intended to harass another person.

What is competent representation?

You are entitled to competent representation by the attorney. Competency requires both intelligence and experience on the part of the attorney. There are ethical rules that prohibit an attorney from taking a case that is frivolous (lacks merit) or is intended to harass another person.

What is a contingent fee?

Some charge what are called "contingent fees," which means the attorney will get a percentage of any recovery the client receives (and nothing if the client's case is lost, except for expenses such as court filing fees, costs of deposing (interviewing) witnesses, and so on).

Can a lawyer continue representation?

In the latter scenario, a lawyer can continue representation if he believes his representation will not be materially affected and each client consents to such representation after full disclosure. The waiver does not have to be in writing but this is recommended.

Can a lawyer disclose confidential information?

Confidentiality: A lawyer shall not knowingly reveal or disclose confidential information of a client or a former client except in very limited circumstances. Confidential information also should not be used to the disadvantage of the client.

What are the Texas disciplinary rules?

In Texas, the Texas Disciplinary Rules of Professional Conduct set the standards of ethical conduct for purposes of lawyer discipline. These rules provide the minimum standards of conduct below which no lawyer can fall without being subject to disciplinary action. A violation of these Rules does not necessarily mean a lawyer has committed legal ...

What are the most common ethical violations?

Some of the most commonly violated ethical rules are: Conflicts of interest : A lawyer shall not represent opposing parties in the same litigation or a person whose representation involves a substantially related matter in which the person’s interest are “materially and directly adverse” to the interests of another client.

What is conflict of interest in law?

Conflicts of interest: A lawyer shall not represent opposing parties in the same litigation or a person whose representation involves a substantially related matter in which the person’s interest are “materially and directly adverse” to the interests of another client.

What is fee agreement?

Fee agreements are contracts and contain typical legal clauses that affect and impact a client’s rights and should be scrutinized carefully .