Final answer:
A lawyer may not give legal advice to an unrepresented person if their interests conflict with the lawyer's client's interests.
Step-by-step explanation:
A lawyer may not give legal advice to an unrepresented person, other than the advice to obtain independent legal advice, if the unrepresented person's interests conflict with the lawyer's client's interests (D).
This restriction is in place to prevent any conflict of interest that may arise between the lawyer's duty to provide competent and loyal representation to their client, and the unrepresented person's interests.
By refusing to provide legal advice to an unrepresented person in such a situation, the lawyer ensures that they maintain their ethical and professional obligations to their client.
A lawyer must not give legal advice to an unrepresented person if there is a conflict of interest in the case, as it can lead to divided loyalties and affect the fairness of the trial.
A lawyer may not give legal advice to an unrepresented person if C) The lawyer has a conflict of interest in the case. Lawyers have a professional and ethical obligation to avoid conflicts of interest, which occurs when a lawyer's representation of one client will be adversely affected by their responsibilities to another client, a former client, or their own interests. The historic case of Gideon v. Wainwright highlighted the importance of the right to counsel, as provided by the Sixth Amendment, ensuring that defendants who cannot afford an attorney are provided one by the state. Furthermore, Strickland v. Washington establishes that inadequate legal representation, which can arise from conflicts of interest, is grounds for relief if it impacts the fairness of the trial. Conflicts of interest can compromise the lawyer's ability to represent the interests of their clients with full fidelity and may lead to divided loyalties.