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Opinion 19-01 |
Conflict of Interest - Litigation Matters | Fee Agreements | Fees and Expenses
Lawyers should carefully consider fee agreements under which they may be required to use part of their court-awarded fees in a class action case to compensate class representatives beyond the amount the court approves for that purpose. Such agreements create a substantial risk that the lawyer is operating under a conflict of interest that cannot be waived, because such a fee agreement places the interests of the lawyer’s client, the class representative, at odds with the interests of absent class members, to whom the lawyer owes fiduciary obligations. In addition, such a fee agreement could, in some circumstances, violate the prohibition on sharing fees with non-lawyers.
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Opinion 98-06 |
Communication With Unrepresented Person | Conflict of Interest - Litigation Matters
Lawyer may represent husband against wife in divorce where wife is not represented; but lawyer may not, at same time, represent husband and wife jointly in filing for bankruptcy.
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Opinion 96-06 |
Conflict of Interest - Litigation Matters | Fees Paid by Third Party | Impaired Client
Lawyer cannot continue to represent both parents and child when the parents have placed restrictions on the lawyer's representation of the child. The lawyer is required to exercise independent professional judgment on behalf of the child. The lawyer cannot be influenced by one other than the client merely because the other is paying the lawyer to represent the client.
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Opinion 93-09 |
Conflict of Interest - Litigation Matters
An attorney should not represent both the driver and the passenger of a vehicle in a claim against the driver of the adverse vehicle. The driver and passenger may, in unusual circumstances, consent to dual representation after appropriate disclosure.