The Legal Matter in a Client`s Dispute Is the

6. For the purposes of rule 1.06(b), representation of a client is “directly opposed” to representation of another client if the independent judgment of counsel on behalf of a client or the ability or willingness of counsel to examine, recommend or perform an action by representing or assuming responsibilities to counsel for the other client. Dual representation is also directly disadvantageous if the lawyer appears reasonably expected to take adverse positions in the same or a related case. On the other hand, the simultaneous representation of clients whose interests are generally not disadvantageous, such as competing commercial enterprises, does not constitute representation of directly conflicting interests in independent cases. Even if neither paragraph (a) nor paragraph (b) is applicable, a lawyer must be aware that a commercial rivalry or personal dispute between two or potential clients may be so important to one or both that either would consider it contrary to his interests rather than his interests to have the same lawyer as his competitor. even in unrelated matters; And in such situations, a wise lawyer would forego double representation. It`s inevitable – customer disputes are a (hopefully small) part of a company`s operations. And if you`re like most creatives and offer great customer service, you probably don`t deal with angry customers often. Without a lot of dissatisfied customers, the first one or two (or ten) first will probably be difficult and scary. The good thing is that the vast majority of client disputes do not require a lawyer. (5) The lawyer`s own interests shall not prejudice the representation of a client, even if clause b(2) is not violated. For example, a lawyer`s need for income should not lead him or her to deal with matters that cannot be dealt with competently and for a reasonable fee.

See Rules 1.01 and 1.04. If the integrity of a lawyer`s conduct in a transaction is questioned, it can be difficult for the lawyer to advise a client remotely. A lawyer cannot allow related business interests to influence representation, for example by referring clients to a company in which the lawyer has an undisclosed interest. With bad reviews, the best approach is usually to respond in a balanced, pragmatic way that makes you look competent, and then ask other people for additional reviews that show your true abilities and show that you really run a great company. People often call me to want an omission, to get someone to stop writing bad reviews. Remember – there`s nothing you can do about bad reviews unless they`re factually wrong. If there are lies, you may have a lawsuit you could take against your client, but the vast majority of cases won`t be worth escalating. Instead, ask yourself if you can calm down, hire a friend to help you write a balanced and professional response, and put the problem behind you without a lawyer. Many of us have had the experience of calling a specific cable company and trying to reduce our bill to that advertising price – you know, the rate that was half of what they just increased to 12 months in your contract. This process is frustrating enough that most of us have vowed to leave cable forever. Why am I talking about cables when the cable dates back to 2010? Because this is a classic example of a service provider enforcing the terms of the contract and creating a dissatisfied customer and customer dispute.

[35] A lawyer for a company or other organization who is also a member of the board of directors should consider whether the responsibilities of the two roles may conflict with each other. The lawyer may be called upon to advise the Corporation on matters concerning the actions of directors. Consideration should be given to the frequency with which such situations may occur, the potential intensity of the conflict, the impact of the lawyer`s resignation from the board of directors, and the possibility that the company may seek legal advice from another lawyer in such situations. If there is a significant risk that the dual role will compromise the lawyer`s independence from professional judgment, the lawyer should not act as a director or cease to act as counsel to the firm in the event of a conflict of interest. The lawyer must draw the attention of other board members to the fact that, in certain circumstances, matters discussed at board meetings while the lawyer is present in his or her capacity as a director may not be protected by solicitor-client privilege and that conflicts of interest may require the lawyer to be rejected as a director or require the lawyer and law firm to represent the corporation in a matter. Reject. [18] Informed consent requires that each affected client be aware of the relevant circumstances and the real and reasonably foreseeable possibilities in which the conflict could adversely affect that client`s interests. See Rule 1.0(e) (informed consent). The information required depends on the nature of the conflict and the nature of the risks involved. If multiple clients are represented in a single case, the information must include the effects of joint representation, including the potential implications for loyalty, confidentiality and solicitor-client privilege, as well as the associated benefits and risks. See notes [30] and [31] (Confidentiality implications of joint representation). [19] In some circumstances, it may not be possible to make the disclosure required to obtain consent.

For example, if the lawyer represents different clients in related matters and one client refuses to consent to the disclosure required for the other client to make an informed decision, the lawyer cannot properly seek their consent. In some cases, the alternative to joint representation may be that each party must obtain separate representation, which may result in additional costs. These costs, as well as the benefits of obtaining separate representation, are factors that may be considered by the client concerned in determining whether joint representation is in the client`s best interest. [5] Unforeseen developments, such as changes in corporate and other organizational affiliations, or the addition or realignment of parties in litigation, can lead to conflicts in the middle of a representation, such as when a business sued by the lawyer on behalf of a client is purchased by another client represented by the lawyer in an unrelated matter. Depending on the circumstances, the lawyer may have the option to withdraw from one of the representations to avoid the conflict. If necessary, the lawyer must obtain judicial approval and take steps to minimize harm to clients. See Rule 1.16. The lawyer must continue to protect the trust of the client from whom he has withdrawn.

See Rule 1.9(c). [31] With respect to confidentiality, continued joint representation will almost certainly be insufficient if one client asks counsel not to disclose to the other client information relevant to joint representation. Indeed, the lawyer has an equal duty of loyalty to each client and each client has the right to be informed of anything concerning representation that could harm the interests of that client, and the right to expect the lawyer to use this information for the benefit of that client. See Rule 1.4. The lawyer should, at the beginning of the joint representation and as part of the informed consent procedure for each client, inform each client that information is being exchanged and that the lawyer must withdraw if one client decides that the other should be deprived of a matter essential to the representation. In certain circumstances, it may be appropriate for counsel to proceed with representation if, after being properly informed, clients have consented to the lawyer keeping certain information confidential. For example, the lawyer may reasonably conclude that failure to disclose one client`s trade secrets to another client does not affect the representation of a joint venture between clients and agree to keep such information confidential with the informed consent of both clients.