Huntington Beach, CA asked in DUI / DWI and Legal Malpractice for California

Q: Would it be legal for a DUI attorney to also own and operate an Interlock Rental business?

Dui attorney who also owns and operates an Interlock ignition rental business. Conflict of interest?

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3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: what is your opposition if the prices are comparable?.....if not use another company.

Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: There is nothing illegal about it, by itself, but it could cause conflicts in representing clients.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, an attorney is prohibited from engaging in business transactions with a client unless certain requirements are met. Specifically, California Rules of Professional Conduct Rule 3-300 states that an attorney shall not enter into a business transaction with a client unless:

The transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;

The client is advised in writing that the client may seek the advice of an independent lawyer of the client's choice and is given a reasonable opportunity to seek that advice; and

The client thereafter consents in writing to the terms of the transaction.

Therefore, if the DUI attorney owns and operates an interlock rental business, they may be prohibited from providing services to clients who need to rent an interlock device as part of their DUI requirements, unless the requirements outlined above are met. Failure to comply with these rules could result in disciplinary action by the State Bar of California.

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