The question becomes , can the attorney exercise the necessary loyalty , professional judgment , competence , diligence , and duty of confidentiality to represent Porter in an alleged sexual assault case against Violet , if the attorney already has an attorney / client relationship with Connie , who is Violet ' s friend and cousin ? The attorney must answer that question for herself given the nature of the representation of Porter and the attorney ' s past involvement with Connie and her board , wherein Violet and Porter ' s girlfriend all worked .
An overriding concern in undertaking representation of a client is the attorney can zealously advocate for the client . " A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client ' s behalf ." N . D . R . Prof . C . Rule 1 . 4 , comment 1 . The attorney must be able to be a zealous advocate for Porter if she undertakes representation of Porter . The attorney must also be able to continue to be a zealous advocate for Connie if she concurrently represents Porter , when Porter ' s interests with Violet are adverse and Violet and Connie are friends and cousins . Given the facts , the attorney ' s representation of Porter has potential for overlap with her representation of Connie , the attorney will need to exercise her professional judgment as to whether she can zealously advocate for Porter , while continuing to represent Connie .
If the attorney believes she can diligently and competently represent Porter , the question then becomes whether the representation of Porter might be adversely affected by the lawyer ' s responsibilities to Connie . A lawyer shall not represent a client if the representation of that client might be adversely affected by the lawyer ' s responsibilities to another client , unless : the lawyer reasonably believes the representation will not be adversely affected and the client consents after consultation . N . D . R . Prof . C . Rule 1.7 ( c )( l-2 ) ( emphasis added ). Per N . D . R . Prof . C . Rule 1.7 , if the attorney does not believe the representation of Porter will adversely affect her representation of Connie , the attorney still must disclose to Porter the attorney represents Connie in other matters and must obtain Porter ' s consent to the attorney ' s representation of him , upon a consult . See id .
The attorney may also want to obtain Connie ' s written consent to the attorney ' s representation of Porter before agreeing to undertake representation of Porter . The lawyer ' s decision as to whether to seek Connie ' s written consent depends upon the facts of the cases and the lawyer ' s representation of Connie , and whether the lawyer believes her representation of Porter might be affected by the lawyer ' s responsibilities to Connie . See id .
Resolution of a conflict of interest problem under this Rule requires the lawyer to : 1 ) clearly identify the client or clients ; 2 ) determine whether a material limitation on the presentation of the client exists ; 3 ) decide whether the representation may be undertaken despite the material limitation , i . e ., whether the conflict is consentable ; and 4 ) if so , consult with the clients affected under paragraph ( c ) and obtain their consent . The clients affected under paragraph ( c ) include any clients whose representations might be adversely affected .
Id . Rule 1.7 , comment 4 ( emphasis added ). Based upon Connie and Violet ' s relationship as cousins and because the nature of the criminal charge against Porter is that of sexual assault against Violet , the attorney will need to decide whether representation of Porter will be materially limited by her attorney / client relationship with Connie . The lawyer will need to make this decision based upon the facts the lawyer possesses .
B . The attorney needs to abide by Rule 1.4 in her communications with Porter and with Connie .
Based upon the facts in this matter , the attorney ' s current representation of Connie , with the potential to represent Porter as a client who is criminally charged with assaulting Violet , Connie ' s first cousin and friend , the attorney must disclose her representation of Connie to Porter , and obtain his consent , and may want to seek Connie ' s consent to represent Porter , before undertaking representation of Porter . Rule 1.4 governs what the attorney is permitted to communicate with Porter about Connie .
Rule 1.4 states a lawyer shall promptly inform the client of any decision or circumstance with respect to which the client ' s consent is required by the Rules of Professional Conduct . N . D . R . Prof . C . Rule 1.4 ( a )( l ). Further , the attorney shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation . Id . 1.4 ( b ). Thus , the attorney must inform Porter of her attorney / client relationship with Connie and give Porter a general idea of the circumstances surrounding her representation of Connie so Porter has the ability to give the attorney informed consent to his representation .
Rule 1.4 further states a lawyer shall make reasonable efforts to keep the client reasonably informed about the status of a matter and promptly comply with the client ' s reasonable requests for information . Id . 1.4 ( a )( 3-4 ). The attorney thus does have a duty to answer Porter ' s reasonable requests for information as it would pertain to the attorney ' s concurrent representation of Connie and of Porter . However , the attorney ' s communication with Porter about her attorney / relationship with Connie and with Connie about potentially undertaking an attorney / client relationship with Porter must still abide by Rule 1.6 , Confidentiality of Information , to both Porter and to Connie . See generally id . Rule 1.6 ( stating a lawyer shall not reveal information related to the representation of the client unless the client consents or the disclosure is impliedly authorized in order to carry out the representation ). Thus , the attorney would want to disclose and communicate enough information to Porter to allow him to make a reasonably informed decision as to the nature of the attorney ' s attorney / client relationship with Connie and Connie ' s relationship to Violet , without disclosing any confidential information about Connie , so Porter can either grant or deny his informed consent to the attorney to undertake representation of Porter . In the event the attorney also seeks Connie ' s informed consent and approval prior to undertaking representation of Porter , the lawyer would also have to communicate and share enough information with Connie , without disclosing any confidential information about Porter , that Connie could either grant or deny her informed consent to the attorney taking on representation of Porter .
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