Q&A

Can a lawyer who is related to another lawyer represent another client?

Can a lawyer who is related to another lawyer represent another client?

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 lawyer act as an advocate against a current client?

See Rule 1.9 (c). [6] Loyalty to a current client prohibits undertaking representation directly adverse to that client without that client’s informed consent. Thus, absent consent, a lawyer may not act as an advocate in one matter against a person the lawyer represents in some other matter, even when the matters are wholly unrelated.

Can a lawyer represent multiple parties in a mediation?

Although this paragraph does not preclude a lawyer’s multiple representation of adverse parties to a mediation (because mediation is not a proceeding before a “tribunal” under Rule 1.0 (m)), such representation may be precluded by paragraph (b) (1).

Can a lawyer accept representation in a case?

1 Melody Nashan is staff counsel for the Office of Chief Disciplinary Counsel in Jefferson City. 2 “A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest, and to completion.

Can a lawyer withdraw from the representation of a client?

The bottom line is that an attorney may withdraw from the representation of a client for almost any reason if the withdrawal will not have a materially adverse effect on the interests of the client, and if the court allows it.

When does an attorney have to represent both clients?

DR 5-105© permits an attorney to represent both clients where the attorney can adequately represent both clients and after proper consent has been obtained from each client after full disclosure of the possible effect of such representation on the exercise of the lawyer’s independent professional judgment on behalf of each.

Can a person not be represented by a lawyer?

These unrepresented persons can be pro se litigants or nonparty persons who are not otherwise represented. The rule is as follows: (a) In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested.

When is a lawyer entitled to zealous representation?

The Committee made clear, however, that a lawyer can proceed with such representation only if the lawyer concludes that zealous representation is possible and obtains fully informed consent. Another problem can arise when a defendant files a counterclaim against one of the plaintiffs.

Can a lawyer represent more than one plaintiff in a fire suit?

At issue was whether a lawyer may represent two plaintiffs injured in the same fire in separate suits against a defendant, when there is likely to be insufficient assets available to satisfy fully all of the parties’ claims. Neither client caused or contributed to the fire or the other’s respective injuries.