family-law divorce conflict-of-interest
Is an adult child representing one of their parents in a divorce case a conflict of interest?
<p>I couldn’t find the answer to this question anywhere, so I thought the experts here will be able to address this. </p>

<p>In a divorce/family law case, can a son who is a lawyer defend one parent against the other? Does this constitute a conflict of interest or anything similar, especially if one spouse only is comfortable with the son defending her.</p>

<p>According to <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients.html" rel="nofollow noreferrer">ABA model rule 1.7</a>, there is a conflict of interest if:</p>

<blockquote>
  <p>there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.</p>
</blockquote>

<p>Being the son of the opposing party is a conflict of interest (it's certainly a "personal interest of the lawyer".)  However:</p>

<blockquote>
  <p>Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:<br>
  (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;<br>
  (2) the representation is not prohibited by law;<br>
  (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and<br>
  (4) each affected client gives informed consent, confirmed in writing.</p>
</blockquote>

<p>So it appears the client can sign a waiver.  (But even with a waiver, he can't represent both of them in the divorce.)</p>

<p>Of course, not all states use the model rules.</p>

<p>There may be other issues involved, such as rules prohibiting financial support of clients and confidentiality, which might make such representation tricky in some circumstances.</p>
