# Legal Question \[conversation reporting obligations\] **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 15, 2017, 7:40pm UTC](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254 "2017-03-15T19:40:17Z")\ **Posts on this page:** 7\ **Page:** 2
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 16, 2017, 12:24pm UTC](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254/21 "2017-03-16T12:24:41Z")
> [@va7299](#): > > Thanks for the replies. I would like to clarify that I in no way insinuated or implied that my friend “take a dive” or not do his best. I just did not want him to think he needed to curry any political favor because his client was my brother in law. I don’t think I stated that in my original post but I see that some of you may have assumed that was my intent. But that is still saying, “don’t do everything you can for this guy”. If currying political favours are standard in your area for lawyers :eek:, why should you discourage this lawyer from doing that for his client? What were you hoping to achieve, other than trying to persuade the lawyer not to do the best job he could for his client? 😕 ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [March 16, 2017, 12:35pm UTC](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254/22 "2017-03-16T12:35:39Z")
> [@Peter\_Morris](#): > > So a lawyer who is friends with the family of the victim is hired to defend the accused perpetrator. > Would there be a conflict of interest here? I was wondering that, too, especially since the lawyer was appointed by the court and not hired directly by the defendant. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [March 16, 2017, 3:24pm UTC](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254/23 "2017-03-16T15:24:19Z")
> [@Peter\_Morris](#): > > So a lawyer who is friends with the family of the victim is hired to defend the accused perpetrator. > Would there be a conflict of interest here? > [@cochrane](#): > > I was wondering that, too, especially since the lawyer was appointed by the court and not hired directly by the defendant. The **OP** didn’t specifically say that the BIL is being prosecuted for anything to do with his wife/the OP’s sister. I’m assuming the abuse is a separate thing. He said “I told him how my brother in law is abusive” - presumably if he was being charged with abuse, the lawyer would already have known that. ---
**Author:** ![ioioio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ioioio/32/316_2.png) [@ioioio](https://boards.straightdope.com/u/ioioio)\ **Post date:** [March 16, 2017, 4:18pm UTC](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254/24 "2017-03-16T16:18:20Z")
If the lawyer had not told his client about the conversation and it came to light later, it might be grounds for appealing a guilty verdict. The lawyer needs to make it very clear that he was not influenced by the conversation. ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [March 16, 2017, 6:28pm UTC](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254/25 "2017-03-16T18:28:43Z")
> [@muldoonthief](#): > > The **OP** didn’t specifically say that the BIL is being prosecuted for anything to do with his wife/the OP’s sister. I’m assuming the abuse is a separate thing. He said “I told him how my brother in law is abusive” - presumably if he was being charged with abuse, the lawyer would already have known that. Yes, all we can do is assume, given the amount of information in the OP. However, the brother-in-law threatened his and his sister’s father and the defense attorney is a personal friend of the OP. **va7299** tried to use his friendship to attempt to dissuade the attorney from making a deal with the DA to get less severe punishment for his client. Even if the defense attorney ignores his friend and gives him his best defense, I don’t see how it’s not a conflict of interest, which probably is mitigated by the attorney telling his client about the conversation. ---
**Author:** ![Calatin](https://avatars.discourse-cdn.com/v4/letter/c/439d5e/32.png) [@Calatin](https://boards.straightdope.com/u/Calatin)\ **Post date:** [March 16, 2017, 7:49pm UTC](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254/26 "2017-03-16T19:49:01Z")
> [@cochrane](#): > > Yes, all we can do is assume, given the amount of information in the OP. However, the brother-in-law threatened his and his sister’s father and the defense attorney is a personal friend of the OP. **va7299** tried to use his friendship to attempt to dissuade the attorney from making a deal with the DA to get less severe punishment for his client. Even if the defense attorney ignores his friend and gives him his best defense, I don’t see how it’s not a conflict of interest, which probably is mitigated by the attorney telling his client about the conversation. Pretty much this. It’s going to help “protect” the attorney that he disclosed the conversation, but there could still be an argument upon appeal made by the defendant that his counsel was influenced by the information, regardless of whether or not it is true. Whether a judge would allow the appeal is another issue altogether, but the OP shot himself in the foot more than achieved his desired goals by disclosing unrelated information. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 16, 2017, 9:52pm UTC](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254/27 "2017-03-16T21:52:43Z")
Agree with the general sentiment: he was obligated to disclose any conversation regarding the subject of the representation which could potentially have created a conflict. The lesson here is not to talk to other people’s lawyers about their cases, even if they’re your friends. > [@Peter\_Morris](#): > > So a lawyer who is friends with the family of the victim is hired to defend the accused perpetrator. > > Would there be a conflict of interest here? There isn’t a _prima facie_ conflict. Those generally only arise when a lawyer has previously _represented_ an adverse party, and has obtained confidential information through the representation. Doesn’t smell quite right, though, and it’s certainly a relationship I would want disclosed if it was my attorney. ETA: The attorney will certainly require the defendant to waive any conflict in writing before continuing with the case. [Previous page](https://boards.straightdope.com/t/legal-question-conversation-reporting-obligations/782254.md?page=1)