UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 97-04
Client presents himself in lawyer's office having been served with family court pleadings including a motion for temporary relief scheduled for a specific time and date. Lawyer would like to represent client, however, he is scheduled to be in trial in another court at the same time the motion for temporary relief is scheduled to be heard. Lawyer attempts to contact opposing counsel for a continuance, but after several attempts over two or three days he is unable to reach opposing counsel. The schedule date for the motion for temporary relief is imminent.
Summary:
A lawyer may not serve as an intermediary in a matter in which the lawyer's law firm appears as counsel for one of the participants. It does not matter whether the intermediary is a partner or only an associate of the law firm. Consent cannot cure the conflict of interest when the intermediary's law firm actually represents one of the parties to the dispute.
Opinion:
Yes. This is a common problem in the practice of law. The lawyer must tell the client that he can only take the case upon the condition of its being continued.
He cannot take the case and leave the client unrepresented at the hearing. A lawyer may not routinely take cases knowing that he will not appear and simply obtain continuances indefinitely.
Rule 1.3 requires that a lawyer act with reasonable diligence and promptness in representing a client.
The Preamble to Rules of Professional Conduct also provides (in part):
A lawyer should use the law's procedures only for legitimate
purposes and not to harass or intimidate others. A lawyer
should demonstrate respect for the legal system and for
those who serve it, including judges, other lawyers, and
public officials. While it is a lawyer's duty, when
necessary, to challenge the rectitude of official action,
it is also a lawyer's duty to uphold the legal process.