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IMMIGRATION DECEMBER 29, 2023 | 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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