Asked 6/30/17 – Baytown, TX

My son was 18 yrs old. Broke into my boss’s house. My boss’s attorney offered to represent him. I know now this is a conflict of interest. Can I say anything to the bar association after 18 yrs. He asked my son (alone) if he did it? How could he represent the best interests of both parties involved?

Answer

YOU can’t do anything. If your son was 18, he was an adult and has the right to retain whomever he wants. The question is whether any potential conflict was disclosed to your son at the onset of the representation. If your son knew that 1) it was your boss’ attorney that offered to represent him, 2) it was your boss’ house that he broke into, and, 3) after discovering this potential conflict, he still agreed to have the boss’ attorney represent him, then the representation was made with full consent and total disclosure.