Lawyer Can’t Proceed With Joint Representation if Disagreement

A New York lawyer representing a married couple in a real estate transaction can’t continue working with them due to conflicts of interest after one balked at the deal, a state bar group said.

Complicating the issue is the husband’s involuntary commitment to a psychiatric facility after beginning negotiations and the wife’s power of attorney, the New York State Bar Association’s June 4 opinion said.

But these obstacles don’t change the fact that the lawyer can’t continue to represent them without breaching conflict-of-interest rules, the opinion said.

Even when a client has a diminished mental capacity, ethics rules require counsel ...