I represent a mother in a neglect case, and now the grandparents want me to represent them in seeking placement of the children. Can I represent both?
Apply this to your situation
This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiring attorney represents a mother in a dependency/neglect case in which it has become apparent that the mother has little hope of obtaining custody of her children. As a result, the grandparents now seek to have the children physically placed with them and want the inquiring attorney to represent them. The mother consents to the attorney representing the grandparents. The attorney asked whether he or she may represent both the mother and the grandparents.
The opinion applies Rule 1.7(a), which bars representing a client whose representation will be directly adverse to another client unless the lawyer reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after consultation.
The opinion finds that a conflict of interest potentially exists because the interests of the mother and the grandparents may become adverse despite existing harmonious relations. It concludes, however, that the attorney may undertake representation of both parties if the attorney believes the representation of the grandparents will not adversely affect the relationship with the mother and both parties consent after consultation. The opinion adds that if a dispute arises between the parties in the future, the attorney must withdraw from the representation.
In practice
Under this opinion, the joint representation is permitted at the outset on the Rule 1.7(a) conditions -- the lawyer's reasonable belief that representing the grandparents will not adversely affect the relationship with the mother, plus each client's consent after consultation. The opinion frames the conflict as latent (interests that "may become adverse") rather than actual, and directs that the attorney must withdraw if a dispute later arises between the mother and the grandparents.
Common questions
Q: Can one lawyer represent both the mother and the grandparents here?
A: Yes, conditionally. The opinion concludes the attorney may represent both if he or she reasonably believes representing the grandparents will not adversely affect the relationship with the mother and both consent after consultation.
Q: Is there a conflict of interest even though everyone currently agrees?
A: The opinion finds a potential conflict, because the interests of the mother and grandparents may become adverse despite existing harmonious relations.
Q: What happens if the mother and grandparents later disagree?
A: The opinion states that if a dispute arises between the parties in the future, the attorney must withdraw from the representation.
Background and rules framework
The opinion interprets Rhode Island Rule of Professional Conduct 1.7(a) (conflict of interest: general rule), the analog of Model Rule 1.7. Rule 1.7(a) prohibits representation directly adverse to another client unless the lawyer reasonably believes the representation will not adversely affect the relationship with the other client and each client consents after consultation.
Citations and references
Rules of Professional Conduct:
- MR 1.7 / RI RPC 1.7(a) (conflict of interest; directly adverse representation, consent, and reasonable belief)
See also
Source
- Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
- Original PDF: https://www.courts.ri.gov/Opinions/EAP%2093-65.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
(FINAL)
ETHICS ADVISORY PANEL
OPINION #93-65, REQUEST #404
Issued September 14, 1993
The inquiring attorney represents a mother in a dependency/neglect case. It has become apparent that the mother has little hope of obtaining custody of her children. As a result, the grandparents now seek to have the children physically placed with them. The grandparents desire to have the inquiring attorney represent them. The mother consents to the inquiring attorney representing the grandparents. The inquiring attorney asks whether he/she may represent both the mother and the grandparents.
Rule 1.7 addresses this inquiry and provides in part as follows:
(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:
(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and
(2) each client consents after consultation.
The Panel is of the opinion that under these facts, a conflict of interest potentially exists inasmuch as the interests of the mother and the grandparents may become adverse despite existing harmonious relations. The Panel concludes, however, that the inquiring attorney may undertake representation of both parties if he/she believes the representation of the grandparents will not adversely affect the relationship with the mother and both parties consent after consultation. Further, if a dispute arises between the parties in the future the inquiring attorney must withdraw from representation.
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