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A Legal Scholar Critiqued Elon Musk's Pay. Now He's Out of a Job. (WSJ)
- rayiner 2y agoI really hate to defend Musk, but this story is a nothing burger. ABA Ethics Rule 1.7 prohibits lawyers from undertaking a representation for one client “directly adverse to another client.” In some cases the conflict can be waived by the client. Rule 1.10, meanwhile, imputes any conflict of one lawyer onto all lawyers “associated” with the firm. Generally, “of counsel” arrangements where legal scholars consult with a firm on a contractual basis are deemed association for purposes of Rule 1.10. (Especially in a situation like this where there’s a 30 year relationship between the scholar and the firm.) Not only was Musk entirely within his rights to fire the firm, but the ethical rules required Holland and Knight to ask Musk to waive the conflict before the legal scholar ever agreed to undertake the adverse representation.