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.
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ANNOTATIONSCOMMENT
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.
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