AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question QUESTION: can a daughter who is "a lawyer", not a "non-lawyer" represent her father in a civil case concerning a business wherein she was also a "shareholder" in the same business along with her father
ANSWER: Liza,
The facts may determine whether this is ethical. A daughter who is also a lawyer can generally represent another shareholder of a corporation. There may be a conflict of interest if the lawsuit involves other shareholders suing the father regarding corporate matters. There may also be a conflict if the corporation has a claim against the father as well.
To fully determine the ethical implications, I would need more specific facts.
Very truly yours,
Paul D. Friedman, M.A., Ph.D., J.D.
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QUESTION: Here are the facts, mother, father and daughter (daughter being the lawyer) formed an "s corporation" with the defendant. All 4 parties are shareholders in this corporation. The corporation was dissolved. The father is suing the defendant and the daughter is the attorney on record. Is this ethical? Also, a misrepresentation in the case because in the complaint, there is no mention that the "lawyer" is a shareholder nor is there any mention that the "lawyer" is also the daughter to the father. She is a "material witness." According to the Florida Statute, Chapter 4, "rules of professional conduct", Rule 4-1.7(a)(2) which states that "a lawyer shall not represent a client if: there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer's responsibilities...by a personal interest of the lawyer."
Answer Liza,
If the daughter is a material witness, the Court may remove her as the attorney unless she claims she is representing herself individually. If she is acting as corporate counsel, she may have to be removed if she is a material witness. This does not make her conduct unethical however. Attorneys represent their own interests all of the time which is why the saying "he who represents himnself, has a fool for a client" came about.
The lawyer does not have to claim to be a shareholder in the complaint. It really matters what the underlying allegations are regarding the suit to determine if it is a conflict of interest which amounts to an ethical violation.
