All attorneys have duties to their clients and ethical responsibilities to which they must adhere. In the case of a conflict between those two ideals, it is important to know how to walk the ethical line and maintain one's reputation.
1
Introduction
All attorneys have duties to their clients and ethical responsibilities to which they must adhere. However, it is possible for there to be a conflict between an attorney’s duty to be a zealous advocate for their client and their ethical responsibilities as an officer of the court under the Rules of Professional Conduct (RPCs). In these cases it is extremely important to know how to walk the ethical line and maintain one’s reputation. As an attorney, your reputation is all you have and your actions in these difficult situations of potential ethical conflict may end up defining your reputation for the future.
2
Research
Much of how an attorney should act in these situations is controlled by the Rules of Professional Conduct (“RPCs”). However, an attorney should also be guided by personal conscience and the approval of professional peers. An attorney is responsible for understanding the RPCs, available online for free at http://www.courts.wa.gov/court_rules/ under the Rules of General Application section, and being aware of what he or she must do to comply with them. This can be somewhat daunting as there are rules governing every aspect of an attorney’s professional behavior. However, there are many resources available that an attorney can turn to for advice, including the Washington State Bar Association (“WSBA”). The WSBA website has detailed information on their Ethics/Professional Responsibility Program and Formal Ethics Opinions.
3
WSBA Ethics rules
The WSBA also has an ethics line that attorneys may call to seek clarification from the professional responsibility counsel. The number for the ethics line is 206-727-8284 or 800-945-WSBA ext. 8284. In addition to seeking advice from the WSBA, trusted professional peers are also an excellent source of counsel and advice for an attorney with an ethical question or concern.
Ethical issues that potentially conflict with a client's desires can arise at any point during a case. In some cases, ethical issues are apparent before the attorney has even agreed to represent the prospective client. In other cases, ethical issues may not be apparent or even arise until the trial has already begun.
This document is intended to be a general overview and introduction into some of the ethical issues that an attorney should carefully consider and be prepared to calmly and professionally address should they arise.
4
Conflicts of Interest
The Rules of Professional Conduct establish minimum requirements, making it clear that a lawyer may not represent a client when the interest of that client is adverse to another client, RPC 1.7 (a)(1); when there is a risk that there may be limits flowing from the duty to another client, RPC 1.7 (a)(2)]; or when the representation is prohibited by law, RPC 1.7 (b)(1). Lawyers in the same firm shall not knowingly “represent a client when anyone of them, practicing alone would be prohibited from doing so by Rule 1.7.” RPC 1.10(a).
Conflicts of interest may not be immediately apparent and can arise at any time. Sometimes these conflicts occur under RPC 1.7 and/or RPC 1.8 and must be addressed by withdrawing your representation or obtaining a waiver from your client.
5
Dealing Fairly With Conflicts Involving Multiple Parties
Some of the most serious conflicts can arise when dealing with multiple parties to the same case. Occasionally, multiple plaintiffs or multiple defendants on the same case will want you to represent all of them together. These situations must be approached with extreme caution. They are heavily regulated by the RPCs and can severely impair your clients ability to trust you. If there is even a suggestion that your clients have begun to have differing interests, then your clients ability to confide in you will be severely damaged. Before agreeing to represent multiple parties to the same case be certain to fully discuss the possibilities for conflict, explain how you will act if a conflict or the appearance of a conflict should arise, and obtain the appropriate waivers as required under RPCs 1.7 and 1.8.
Comments - add comment