Advisory Opinion:
1931
Year Issued:
2000
RPC(s):
RPC 1.6; 1.79b); 1.8(a); 3.7; Formal Opinion 187
Subject:
Possible conflicts of interest when acting as a construction consultant and as an attorney
[Editor's Note: Ethics inquiry #1931 concerns possible conflicts of interest when acting as a construction consultant and as an attorney.]
The Committee has reviewed your inquiry and determined the following:
The inquiring lawyer asks if a lawyer who owns a substantial interest in and is employed by a consulting company represent clients of that company; may the other employee of the company testify as an expert witness for the inquiring lawyer when the lawyer is the legal representative of a client of the company in an action involving the findings of the consulting company; and can informed consent allow an otherwise impermissible representation.
The committee stated that the inquirer partly owns a consulting business with a non-lawyer. The inquirer proposes to identify potential legal clients from among the consulting business clients, to advise the consulting clients to hire the inquirer as their attorney and to use the inquirer’s consulting partner as an expert witness to avoid possible difficulties with RPC 3.7.
Using either the consulting business to refer legal business to the inquirer’s law practice or the law practice to refer business to the consulting business, including expert testimony, is a violation of RPC 1.7(b) and 1.8(a). See Formal Opinion 187 and Informal Opinion 1926
(enclosed). There may be a violation of RPC 1.6 and 7.3 depending on circumstances. The committee believes these conflicts may not be waiveable because they are so likely to occur.
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