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No good deed goes unpunished – ethical considerations when representing family and friends. It is almost inevitable. At some point in every attorney’s career, they will be asked to represent family and friends. Sometimes it is very formal, such as representing a family member or friend as part of their ongoing business operations or sometimes it is a specific representation such as the purchase of real estate. And sometimes it sneaks up on the attorney; being asked for advice and getting sucked in.
This topic will address some of the many issues that may arise in representing family and friends. The goal is to assist the attorney in knowing if they are, sometimes unknowingly, undertaking representation, making the decision whether or not to represent, and if choosing to do so, how to do so effectively and ethically. Ethical Rules that will be addressed include, but are not limited to, the Model Rules of Professional Conduct 1.14,1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 1.15, 4.2 and 8.4. There are also legal issues beyond the rules that impact on ethical considerations which will also be addressed.
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