AugustWest
Verified Attorney
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- Jun 5, 2020
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@susiQI have a question for our verified legal members, @AugustWest @kae27 . If NM, TL, JH and BH belonged to the same “brotherhood” (not Odinism), would this be considered a conflict of interest? If this type of association is regarded as a conflict of interest, would NM and others be required to recuse themselves from RA’s case? Very curious about this.
To dive into the specifics of conflict as regarding attorneys (which I think the only one in your question is NM?) would be pretty detailed, so I will leave a link to the applicable rules, in relevant part:
Rule 1.7 - A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
Link:
Consistent with the rules, any attorney "shall not represent a client" if a "personal interest" creates a "significant risk" that "materially limits" their responsibilities. Lawyers are expected to police themselves for misconduct (both personally and as a group). Any conflict and personal impartiality are a judgment call by that individual attorney. If an attorney feels he/she can fulfill their responsibilities without degrading them somehow, then no problem. Attorneys are expected to monitor themselves collectively also, so any peers (bar associations) should come forward if conflict is suspected.
I'm not a local attorney so I'm not comfortable commenting on any of these attorneys and whether any conflict exists in Delphi, IN. I know none of them, and I am not a member of the Indiana Bar Association. Those who are should be (and are IMO) making sure to keep the local legal community above board.
I will say that Delphi is a very small town, making conflicts more difficult to avoid.