168k views
1 vote
INTERESTS ADVERSE TO CLIENT (Current Client Conflicts - Lawyer Personal Interest and Duties)

User Krutik
by
7.9k points

1 Answer

3 votes

Final answer:

Interests adverse to a client refer to situations where a lawyer's personal interests conflict with their duty to their client, as exemplified by the Glasser v. United States case, which violated the Sixth Amendment's Assistance of Counsel Clause.

Step-by-step explanation:

Interests Adverse to Client and Lawyer Personal Interest Conflicts

When discussing interests adverse to a client, we refer to scenarios where a lawyer's personal interests may conflict with their professional obligations to a client. An example of this can be found in Glasser v.

United States, where a defense lawyer's simultaneous representation of codefendants was found to violate the Assistance of Counsel Clause of the Sixth Amendment. This clause ensures that defendants have the right to effective legal representation, and any conflict of interest that impairs this right is unconstitutional.

Lawyers are required by professional ethical standards to avoid conflicts of interest that may impair obligation of contracts or in any way abridge the privileges or immunities of citizens, or deny them due process and equal protection of the laws.

By these standards, a lawyer must refrain from taking on cases where their personal interests could adversely affect their professional judgment or loyalty to a client.A lawyer has a duty to act in the best interests of their client and avoid any conflicts of interest.

This means that a lawyer should not have any personal interests that could adversely affect their client. For example, if a lawyer is simultaneously representing co-defendants in a case, it could be a conflict of interest that violates the Assistance of Counsel Clause of the Sixth Amendment.

If a lawyer has any personal interests or duties that could impair their ability to fulfill their obligations to their client, it is important for them to disclose these conflicts and, if necessary, withdraw from representing the client. This ensures that the client's rights are protected and that the lawyer can provide effective assista

User Rob Curtis
by
8.0k points

No related questions found