I’m generally regarded as an easy-going, mellow, and accommodating guy. I’m cautious about the positions I take in legal matters and I am very protective of my bar card. I like to go-along and get-along with opposing counsel when possible.
All that said: recently opposing counsel threatened me with a bar grievance from their client, and my professional responsibility required me to basically say, “F all the way off!”
The situation is not simple. But one part of it is that the Uniform LLC Act limits who may be a member of an LLC that provides licensed professional services. The opposing client insists they are a member of a professional services LLC, and they want a say in how the company operates and whether the company retains me. But they don’t have the requisite license. So they legally can’t be a member or have a say.
The LLC has retained me. Taking direction from someone who is not legally a member would be contrary to my duty of loyalty to my client, the LLC.
So when opposing counsel told me that their non-licensed client would grieve me for a “conflict of interest”, my duty of loyalty said I must dismiss that threat.
Collegiality goes only as far as ethics will permit.
