3. Conflict Check
The Rules of Professional Responsibility generally prevent lawyers from representing two clients whose interests are adverse. This extends to former clients, so that a lawyer who represented person X may not subsequently represent person Y in a suit against person X. (This is a overly-simplistic description of the law, but it suffices for the present purpose.) This means that POP cannot represent a client in obtaining a protective order against a former client of POP.
For this reason, POP maintains regularly updated lists of former clients and adverse parties. Every time a client requests POP's services, a conflict check must be performed. This involves checking the computerized lists maintained by the Community Legal Clinic (CLC) to determine whether POP has ever represented the client or the adverse party.
All new POP clients must be added to the client list and all adverse parties must be added to the adverse parties list. A person becomes a “client” of the Protective Order Project when POP receives confidential information from that person. This happens very early in the process, usually before the initial interview. Confidential information may be communicated in the first message the person leaves for POP at the CLC or on the POP voice mail. A person may be a client even though they are eventually declined services.
In addition, the Rules of Professional Responsibility impute the knowledge of every member of a law firm to all other members of the firm. For the purposes of the law, POP and the Community Legal Clinic and Child Advocacy Clinic are considered a single “law firm.” This means that the Protective Order Project cannot represent clients in actions against parties who are or were represented by the CLC or are or were parties to a case in which the CAC represented a child.
If a potential conflict exists, the volunteer should contact the Student Director, who will seek the advice of the faculty advisors. No student volunteer should ever decline a client services without speaking first with the Student Director.
Clients may be declined for reasons other than conflicts. POP is primarily designed to provide protective orders for persons in domestic violence situations. “Domestic violence” is not meant to imply that the Petitioner and Respondent must live under the same roof. Domestic violence cases may involve present and former boyfriends and girlfriends, parents and children, brothers and sisters, as well as intimate partners and spouses. In addition, POP occasionally takes cases of harassing neighbors, employee/employer conflicts, and other non-“domestic” cases. POP has complete discretion, however, to refuse any case that it deems not appropriate for the Project. In making this decision, the specifics of the case, POP’s current case load, and POP’s interest in maintaining a good reputation with the local bar are considered. Again, no client should be declined services without speaking to the Student Director first.
Indiana University students are eligible to receive POP services in appropriate cases. However, because these cases may raise special issues in terms of coordination with other University officials, advise the Student Director of any case in which the Petitioner or the Respondent are students enrolled at any program or branch of Indiana University.
When you turn down a client, please inform the client that s/he may have a right to obtain a protective order through another attorney or by proceeding pro se. Clients may obtain assistance in filing pro se at the Middleway House.