Can the same lawyer represent Bannon, Priebus & McGahn? – Professional Responsibility: A Contemporary Approach

Can the same lawyer represent Bannon, Priebus & McGahn? – Professional Responsibility: A Contemporary Approach
by Russell pearce (Fordham Law School)

A recent blog post asks whether William Burck of Quinn Emanuel can ethically represent Steve Bannon, Reince Priebus, and Don McGahn in connection with the Mueller investigation.  The blog post identifies a number of important issues, but the analysis is incomplete.  Although Burck’s representation appears to create a conflict under Rule 1.7(a), Burck could continue the representation under Rule 1.7(b) if he “reasonably believes that [he] will be able to provide competent and diligent representation to each” and each client provides informed consent.  

While the public does not — in my view — know sufficient facts to determine whether Burck can reasonably represent all three clients, a complicating factor is that McGahn appears to be giving Burck and Bannon direction as to whether executive privilege applies to Bannon’s testimony.