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IMMIGRATION                                                         JANUARY 05, 2024       |  The Indian Eye 38




           Personal conflicts of interest arising




                     out of the Israel-Hamas War






              he   escalating  war  able representing a former  tionable.                 related to, the conflict.  and diligently notwithstand-
              between Israel and  IDF soldier who expresses a     Pursuant to Model Rule     In other circumstances,  ing this limitation. However,
        THamas            presents  lack  of  regret  at  the  loss  of  1.7(a)(2)  of  the  American   though a lawyer may wish to  if it is important for the law-
        unique  challenges for immi-  lives  of  children  and  wants  Bar  Association  (ABA),  a   represent, or continue repre-  yer to be available to defend
        gration lawyers who repre-  to apply for adjustment of  lawyer shall not represent   senting a client, even though  the student’s actions in the
        sent noncitizens from impact-  status. Under some circum-  a client if a concurrent con-  a  personal  conflict  exists.  A  media as that might get the
        ed areas. One such ethical  stances, a lawyer will have a  flict of interest exists because   lawyer  who  finds  herself  in  client a better deal with the
        conundrum arises when a  personal  conflict  of  interest  “there is a significant risk that   this situation may seek a waiv-  prosecutors, and the lawyer is
        lawyer comes to know that a  if  there  is  a  significant  risk  the representation of one or   er of the conflict under ABA  unable to handle media inter-
        current or prospective client  that  the lawyer’s profession-  more clients will be materi-  Model Rule 1.7(b), provided  views on behalf of the client,
        holds views  about  the  con-  al judgment on behalf of the  ally limited by…a personal   that “the lawyer reasonably  then this potentially creates a
        flict  that  the  lawyer  strongly  client will be adversely affect-  interest of the lawyer”. While   believes that the lawyer will  non-waivable conflict and the
        disagrees  with  or  even  finds  ed because of the opposing  the  ABA  provides  model   be able to provide competent  lawyer must withdraw.
        repugnant. A lawyer whose  views between the lawyer and  rules of professional respon-  and diligent representation   Immigration  lawyers
        family member was killed in  the client.              sibility, lawyers should refer   to each affected client, the   may also find themselves rep-
        the October 7th attack might   Because    immigration  to the analog of these rules in   representation is not pro-  resenting noncitizen students
        not wish to represent a client  lawyers are responsible for  their own state bars that are   hibited by law….”, and the  in F-1 visa status who are fac-
        who expresses support for  bringing  in  a  client  into  the  binding on them.   Thus, a   client provides consent. For  ing other immigration-relat-
        Hamas, while a lawyer whose  US or allowing the client to  lawyer who feels uncomfort-  example, a lawyer who finds  ed  consequences  as  a  result
        relative was killed or injured  remain  in  the US, the per-  able representing a client due   protests opposing Israel ob-  being involved in protests
        in the recent Israeli Defense  sonal conflict becomes more  to the client’s views on the   jectionable may be represent-  or making statements about
        Force  (IDF)  airstrikes  in  enhanced if they find the cli-  conflict need not do so, and   ing  a  foreign  student  in  F-1  the  conflict.  University  of
        Gaza  may  not  feel  comfort-  ent’s views or conduct objec-  can decline the representa-  status who has vehemently  Pennsylvania  President  Liz
                                                                 tion. On the other hand,   protested  against  the  Israeli  Magill recently resigned after
                                                                  a  lawyer  need  not  shy   invasion of Gaza without ex-  appearing  to  evade  a  ques-
                                                                  away from representing   pressing any sympathy for the  tion asking whether students
                                                                  a  client,  however  ob-  victims of the Hamas attack  who called for a “genocide
                                                                  jectionable the conduct   on  October  7,  2023.  If  the  of Jews” should be punished.
                                                                  may be, so long as there   student client was involved  This episode demonstrates
                                                                  is a legal basis to repre-  in a protest that resulted in  terminology can be misun-
                                                                  sent the person.        a physical altercation with an  derstood, and how easily it
                                                                      If  a  lawyer  realizes   opposing group of protestors,  could potentially ensnare a
                                                                  that  a  personal  conflict   he could be charged with as-  foreign  student  in  F-1  sta-
                                                                  of interest of this type   sault, potentially a removable  tus. While the term ‘intifada’
                                                                  exists with a current cli-  offense under INA § 237(a)  could mean an ‘uprising’ or
                                                                  ent, the lawyer can still   (2)(A)(i). The lawyer can  ‘shaking off’  (see here and
                                                                  withdraw from the rep-  inform the student that she  here), it could also be under-
                                                                  resentation of a client   finds  the  student’s  conduct  stood as violent resistance
                                                                  whose views or activities   repugnant but may still be  tantamount to  “genocide”,
                                                                  she  finds  reprehensible   able to competently and dil-  as illustrated by the Congres-
                                                                  under ABA Model Rule    igently represent the student  sional hearing before Con-
                                                                  1.16(b)(4),  which  per-  by advising his criminal de-  gresswoman Stefanik during
                                                                  mits withdrawal if “the   fense lawyer to negotiate the  which Magill and other uni-
                                                                  client insists upon taking   assault charge to a disorderly  versity  presidents  testified.
                                                                  action that the lawyer   conduct offense, which will  As we explained in our prior
                     m of                                         considers repugnant or   likely not have deportation  blog, there is a potential for
          CYRUS D. MEHTA & PARTNERS PLLC                          with which the lawyer has   consequences.  On  the  other  troubling  consequences  for
                                                                                          hand, the lawyer can inform  a noncitizen leader of a stu-
                                                                  a fundamental disagree-
                                                                                             ment”. Alternatively, a   the client that she will not be  dent organization who speaks
          
                          
  	                            
             lawyer may withdraw   able to justify the student’s  out  about  the  conflict  in  a
                                                                  from representation un-  conduct  in  a  press  briefing  way that seems to endorse
             	                                 
                      
                                                   
             ­       der  ABA  Model  Rule   or interview on behalf of the  terrorist activity.  A student
               €   
              ‚                                              
                                                                  1.16(b)(7) if “other good   client because she disagrees  who  is  on  an  F-1  visa  could
                                                                  cause for withdrawal    with his conduct and finds it  be found inadmissible under
                                                                  exists”, which could in-  repugnant. If the client agrees  INA  §  212(a)(3)(B)(i)(IV)
                                                                  clude a fundamental dis-  to this sort of limited repre-  (bb) as a representatives of
          2              6th Floor                                agreement with a client’s   sentation, the lawyer can rep-  “a political, social, or other
                                                                  stance on, or activities   resent the client competently  group that endorses or es-
           
     
        	
     
         
              

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