Public Service Flashcards

Under Model Rule 6.3, a lawyer who serves as a director of a legal services organization must be mindful primarily of:

Answer: Potential conflicts between the organization's interests and those of the attorney's private clients.

Rule 6.3 addresses the situation where an attorney's role on a legal services board may conflict with duties owed to private clients.

Attorney Park serves on the board of a legal aid society. The society plans to take a litigation position that would directly harm Park's existing private client in an unrelated matter. Under Rule 6.3, Park should:

Answer: Recuse herself from board participation in the matter affecting her client.

Rule 6.3 provides that a lawyer-director should not participate in board decisions that would adversely affect a person the lawyer represents.

Under Rule 6.3, a lawyer serving as a board member of a legal services organization is generally:

Answer: Not considered to have an attorney-client relationship with the organization's clients.

Rule 6.3 clarifies that serving as a director does not itself create an attorney-client relationship with persons served by the organization.

An attorney serves on the board of a nonprofit organization that provides immigration legal services. Another board member proposes a policy that would limit services to certain nationalities. The attorney believes the policy is discriminatory. Under the Rules, the attorney may:

Answer: Vote against the policy and resign from the board if the policy is adopted.

A lawyer who disagrees with an organization's policy may express that disagreement and ultimately resign if the policy conflicts with professional values, but unilateral action exceeds the lawyer's authority.

Under Model Rule 6.4, a lawyer may serve as a director or officer of an organization involved in law reform activities. If the reform would benefit the lawyer's clients, the lawyer must:

Answer: Disclose that fact to the organization.

Rule 6.4 requires disclosure to the law reform organization when the lawyer's clients may benefit from the proposed reform, but does not require recusal or client consent.

The purpose of Model Rule 6.4 governing law reform organizations is to:

Answer: Ensure transparency when a lawyer's private interests intersect with law reform work.

Rule 6.4 does not prohibit participation in law reform; it requires disclosure to maintain transparency when private client interests may benefit.

Attorney Gomez chairs a state bar committee studying eviction law reform. Gomez's firm heavily represents landlords. Under Rule 6.4, Gomez must:

Answer: Disclose her firm's representation of landlords to the committee.

Rule 6.4 requires the lawyer to disclose the potential benefit to her clients to the law reform organization, enabling it to manage the situation appropriately.