Lawyers who represent family businesses often also represent the business owners, serve as a trustee or fiduciary on the business’s board, and provide personal estate planning for the owners and other family members. While fulfilling multiple goals  for clients may seem effective and efficient, it is important that the attorney consider potential ethical complications and the potential need to narrow the representation, obtain clients’ informed consent, or withdraw from a particular matter.

Inconvenience resulting from COVID-19 restrictions or other issues related to remote work are not an excuse for failing to meet ethical duties. The rules of professional responsibility, including the duty of confidentiality and duty to avoid conflicts of interest, still apply in the virtual environment. In fact, attorneys may need to implement extra safeguards to avoid violating their ethical obligations.