La. Admin. Code tit. 22 § XV-1313

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1313 - Conflicts of Interest

A. The attorney shall be alert to all potential and actual conflicts of interest that would impair his or her ability to represent a child client. Loyalty and independent judgment are essential elements in the lawyer's relationship to a child client. Conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person, or from the lawyer's own interests. Each potential conflict shall be evaluated with the Louisiana Rules of Professional Conduct, particular facts and circumstances of the case, and the child client in mind. Where appropriate, attorneys may be obligated to contact the Office of Disciplinary Counsel to seek an advisory opinion on any potential conflicts.

B. Co-defendants are presumed to have a conflict of interest. Representation of co-defendants where the representation of one client will be directly adverse to another client, or 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 is a per seviolation of the constitutional guarantee of effective assistance of counsel and the Louisiana Rules of Professional Conduct.

C. The attorney's obligation is to the child client. An attorney should not permit a parent or custodian to direct the representation. The attorney should not share information unless disclosure of such information has been approved by the child client. With the child client's permission, the attorney should maintain rapport with the child client's parent or guardian but should not allow that rapport to interfere with the attorney's duties to the child client or the expressed interests of the child client. Where there are conflicts of interests or opinions between the client and the client's parent or custodian, the attorney should not discuss the case with parents and shall not represent the views of a parent that are contrary to the child client's wishes.

La. Admin. Code tit. 22, § XV-1313

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2601 (September 2011), Amended LR 45405 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148