Advisory Opinion:
1140
Year Issued:
1987
RPC(s):
RPC 1.7
Subject:
Conflict of interest; lawyer representing homeowners association in both land use matter and in matters against individual members of association
The Committee has been asked if the fact that a lawyer is representing a homeowners association in a land use matter is reason to preclude the lawyer from representing the association in enforcing its assessments and covenants against the members of the association. The perceived conflict lies in the lawyer's recognition that the members against whom he would be enforcing the association's assessments are people whose funds financed and are continuing to finance his fees in the land use litigation.
Has the inquiring lawyer described a conflict of interest which may materially limit his representation of a client? No. The lawyer's client is the homeowners association. His agreement to represent the association in the land use matter does not conflict with representing the association in the enforcement of its assessments and covenants. Although a lawyer may be required to turn down employment if the representation may be materially limited by the lawyer's own interests, a lawyer's interest in being paid ought not to be considered a limiting factor in the typical case. In the typical case, a lawyer's interest in being paid does not conflict with the duty to one's client because no one but the client is paying the lawyer's fee. That appears to be the case submitted by the inquiring lawyer. The ethical considerations of which the inquiring lawyer should be aware arise from his duty to avoid misleading the members of the association as to the nature of his relationship with them.
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