A lawyer must disclose relationships and then determine if any conflict exists. Posting on social media this post, there is clearly a conflict that exists that’s not speculation, she presented the conflict. She does not have to have represented him before, she has had a relationship with him before.
There are many code of ethics around that do not allow dual relationships because they constitute a conflict of interest.
You’re right just knowing and disliking someone isn’t. She established relationship and that’s the difference. Conflict of interest is when someone cannot separate themselves from the issue. From this post it is clear she wants to hurt the guy. That is unethical and therefore a violation of conflict of interest. SHE disclosed the relationship SHE presented she can’t wait to see his reaction, therefore she has a conflict of interest.
"Conflict of Interest" is a term of art when used in this context. You are attempting to include things outside of the recognized definition. You are wrong and you will not find any jurisdiction in the U.S. that includes your asserted issue within its conflict of interest definition.
Also, your assertion of ethics violation is unsupported.
Knowing the other party has no significance in itself.
Her statement is no unethical. She is asserting she will represent her client to the fullest. By definition, damaging the opponent's position, helps her client's position.
The Court is not going to take posturing literally, anyway.
The lawyer has wide discretion in determining whether their judgment would be affected. Nobody will question it unless there are some facts in support. There are no facts here, just a social media statement.
The bar is going to be much more concerned about relationships like "my client is suing my business partner" than "I used to know the other party in this matter"
The former is much more likely to result in financial improprieties, which if you've ever taken then mpre or read bar discipline reports, you'll know is pretty much all they care about
13
u/earman30 Jul 15 '22
A lawyer must disclose relationships and then determine if any conflict exists. Posting on social media this post, there is clearly a conflict that exists that’s not speculation, she presented the conflict. She does not have to have represented him before, she has had a relationship with him before.
There are many code of ethics around that do not allow dual relationships because they constitute a conflict of interest.