(a) If participating in the decision would be incompatible
with the lawyer’s obligations to a client under Rule 1.7; or
(b) Where the decision could have a material adverse
effect on the representation of a client of the organization whose interests
are adverse to a client of the lawyer.
Comment
[1] Lawyers should be encouraged to support and participate
in legal service organizations. A lawyer who is an officer or a member
of such an organization does not thereby have a client-lawyer relationship
with persons served by the organization. However, there is potential
conflict between the interests of such persons and the interests of
the lawyer’s clients. If the possibility of such conflict disqualified
a lawyer from serving on the board of a legal services organization,
the profession’s involvement in such organizations would be severely
curtailed.
[2] It may be necessary in appropriate cases to reassure
a client of the organization that the representation will not be affected
by conflicting loyalties of a member of the board. Established, written
policies in this respect can enhance the credibility of such assurances
