Also known as: personal interests · personal stake
Written by attorneys — see sources below.
2 senses
A lawyer's own financial stake, relationship, or other personal concern that creates a significant risk of materially limiting the representation of a client. The presence of such an interest triggers a concurrent conflict analysis under rules governing simultaneous representation.
A trustee's, conservator's, or fiduciary's own financial or relational stake that conflicts with duties owed to beneficiaries or protected persons. A transaction affected by such an interest is voidable by an affected beneficiary unless an exception applies.
Each sense below has its own examples, sources, and questions.
A lawyer's own financial stake, relationship, or other personal concern that creates a significant risk of materially limiting the representation of a client. The presence of such an interest triggers a concurrent conflict analysis under rules governing simultaneous representation.
Pearl Porter represents Prism Analytics in contract negotiations while her spouse serves as general counsel for the opposing party, Progressive Healthcare. The representation carries a significant risk that Pearl's personal relationship will affect her ability to advise Prism Analytics vigorously. Prism Analytics may therefore move to disqualify Pearl under the concurrent conflict rule.
Pearl Porter represents Prism Analytics in contract negotiations while holding a personal financial interest in a competing firm. The representation carries a significant risk that Pearl's personal interest will affect her ability to advise Prism Analytics vigorously. Prism Analytics may therefore move to disqualify Pearl under the concurrent conflict rule.
Pearl Porter represents Prism Analytics while maintaining a close personal relationship with an executive of the opposing party. The representation carries a significant risk that Pearl's personal interest will affect her ability to advise Prism Analytics vigorously. Prism Analytics may therefore move to disqualify Pearl under the concurrent conflict rule.
3 common questions
A concurrent conflict exists when there is a significant risk that the representation will be materially limited by the lawyer's personal interest. The lawyer must reasonably believe competent representation remains possible and obtain informed consent from affected clients. Failure to address the risk can lead to disqualification.
Supporting sources
No. An individual who is generally competent may serve as a witness even if the witness holds a personal interest under the will. The interested-witness doctrine that once invalidated devises to attesting witnesses has been abolished by statute.
A trustee's, conservator's, or fiduciary's own financial or relational stake that conflicts with duties owed to beneficiaries or protected persons. A transaction affected by such an interest is voidable by an affected beneficiary unless an exception applies.
Philip Powell, trustee of a trust holding apartment buildings, directs the trust to hire his spouse's construction firm without competitive bids. The resulting contract price exceeds market rates. Beneficiaries may void the transaction because it was entered for the trustee's personal account and affected by a conflict between fiduciary and personal interests.
Philip Powell, trustee of a trust holding apartment buildings, retains an asset in which he holds a personal interest without court approval. The retention creates a conflict between fiduciary and personal interests. Beneficiaries may void the transaction because it was affected by the trustee's personal stake.
Philip Powell, trustee of a trust holding apartment buildings, enters a transaction for his personal account that affects trust property. The transaction is affected by a conflict between fiduciary and personal interests. Beneficiaries may void the transaction unless an exception applies.
2 common questions
A sale or other transaction involving trust property is voidable if entered for the trustee's personal account or otherwise affected by a conflict between fiduciary and personal interests. The transaction remains voidable unless authorized by the trust terms, approved by a court, or another statutory exception applies.
Supporting sources
Yes, a conservator may collect, hold, and retain assets of the estate, including assets in which the conservator has a personal interest, until the conservator determines that disposition is appropriate.
…IV We are next confronted with issues of justiciability, standing, and abstention. Have Roe and the Does established that "personal stake in the outcome of the controversy," Baker v. Carr , 369 U. S. 186, 204 (1962), that insures that "the dispute sought to be adjudicated will be presented in an adversary context and in a…
…Amendment placed a substantive limitation on a State's power to regulate, it has been in those rare cases in which the personal interests at issue have been deemed " implicit in the concept of ordered liberty.'" See Roe v. Wade, supra , at 152, quoting Palko v. Connecticut , 302 U. S. 319, 325. The
…the property which it regulates,” there is a cognizable case or controversy. But even if lessor appellees for that reason have a personal stake, and we were to concede that landlord and tenant interests
Supporting sources
Consent to an intentional invasion of personal interests must come from the person whose bodily integrity or personal data is at stake. A third party's statement or authorization cannot substitute for the right-holder's own consent when the invasion concerns that individual's personal interests.
Supporting sources
Supporting sources