Legal Complications of Unrepresented Persons
Turning Down the Case
Rule 1.8 of the American Bar Association on models of professional conduct prohibits a lawyer from engaging in any business transaction directly or indirectly with any client (ABA, n.d.). For this purpose, Jo has the first basis declining the case on this rule to maintain integrity. Additionally, where there is a business transaction, a lawyer is required to give advice and allow the clients to seek advice from another counsel (ABA, n.d.). In this case, both Harry and Dean have declined to use another counsel, and as such, this exception is nullified. A lawyer should not engage or negotiate in any agreement that allows them to have a substantial part in the information that is related to the matter (ABA, n.d.). In this case, Jo will have to engage in negotiation on appropriate repayment for money loaned on the boat that both Harry and Dean are buying through promissory notes or security in the boat. A lawyer is also not allowed to acquire a proprietary interest in the subject matter (ABA, n.d.) – in this case, the boat. As such, there is going to conflict of interest on the matter which may limit the objectivity of the lawyer in providing adequate services.
Contract and Writing to Dean
Harry approached Jo to draft a contract for him on the proposed purchase of a boat. Dean did not engage the lawyer and is expected to receive legal counsel advising him that he should have a lawyer. This is the extent to which the communication between Jo and Dean can reach. There can be no more communication on the subject matter until Dean gets a counsel to represent him. Also, there should be no show of disinterest in representing the client in the matter (ABA, n.d.b). The contract will be drafted on behalf of Harry. The elements that will be reflected in the contract include the offer, which is the agreement to offer a share of the amount to purchase the boat and the willingness to share the use. The acceptance and consideration which will be stated on the amount that they are willing to contribute each and the excess that they are looking to acquire from a third party. The buy-out clause of the contract will indicate the obligation of the party to acquire full possession of the boat in the event of the death of the other through paying an agreed amount to the heirs unless the death results from a wreckage of the boat that deems it irreparable.
Prohibition to Loaning
Jo should not accept to loan the clients. By loaning Harry and Dean, Jo has a conflict of interest which makes her objectivity in the matter, should a dispute arise, compromised. From an ethical point of view, it is not wise to loan Harry and Dean as their lawyer. This makes her party or a stakeholder in the boat through a promissory note or a security interest in the boat. As a lawyer for Harry, Jo is also caught in a conflict of interest as she may be biased to support herself interests in securing her share of the money loaned rather than looking for parity in the issue. Also, if the buy-out clause is enforced before she is repaid, there may be a conflict of interest which may limit the ability to enforce it fully.
References
ABA (American Bar Association). (n.d.). Rule 1.8: Current Clients: Specific Rules. Retrieved from https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_8_current_clients_specific_rules/
ABA (American Bar Association). (n.d.b). Rule 4.3: Dealing with Unrepresented Person. Retrieved from https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_4_3_dealing_with_unrepresented_person/