Rule 6.3.Membership in Legal Services
                                                                
Rule 6.3.Membership in Legal Services 
 Organization 
 A lawyer may serve as a director, officer or member of a legal 
 services organization, apart from the law firm in which the lawyer 
 practices, notwithstanding that lawyers provided by the organization 
 serve persons having interests adverse to a client of the lawyer.  The 
 lawyer shall not knowingly participate in a decision or action of the 
 organization: 
  
 (a)if participating in the decision or action would be 
 incompatible with the lawyer's obligations to a client under Rule 1.7; 
 or 
  
 (b)where the decision or action could have a material adverse 
 effect on the representation of a client of a lawyer provided by the 
 organization whose interests are adverse to a client of the lawyer. 
  
 
                                                                
ANNOTATIONS
COMMENT Lawyers should be encouraged to support and participate in legal service organizations. A lawyer who is an officer or a member of such an organization does not thereby have a client-lawyer relationship with persons served by the organization. However, there is potential conflict between the interests of such persons and the interests of the lawyer's clients. If the possibility of such conflict disqualified a lawyer from serving on the board of a legal services organization, the profession's involvement in such organizations would be severely curtailed. It may be necessary in appropriate cases to reassure a client of a lawyer provided by the organization that the representation will not be affected by conflicting loyalties of a member of the board. Established, written policies in this respect can enhance the credibility of such assurances. COMMITTEE COMMENT Rule 6.3 is a clearer expression of some of the principles currently contained in Ethical Consideration 2-33 (now incorporated into the Comment under Rule 5.4) and DR 5-101(A). The language-- "a lawyer provided by" -- has been added to the ABA Model simply to make clear what otherwise has to be presumed, i.e., that it is the staff attorneys of the organization who provide the legal services to the clients who have come to the organization for assistance. ANNOTATION Annotator's note. Rule 6.3 is similar to DR 5-101 as it existed prior to the 1992 repeal and reenactment of the Code of Professional Responsibility. Relevant cases construing that provision have been included in the annotations to Rule 1.7.