/Parent 2 0 R 2. /e851e8f5-b8d0-4cf5-a446-09bf2e255bf1 569 0 R /Resources << /S /Transparency /Parent 2 0 R << Because of its importance, Conflicts of Interest is addressed in a separate section in this Guide. reasonably appears to be or become adversely limited by the lawyers or law firms responsibilities to another client or to a third person or by the lawyers or law firms own interests. /Group << Leverage technology. /Parent 2 0 R /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] >> /K false /Type /Pages Before establishing an attorney-client relationship, you will need to determine if you have a conflict of interest prohibiting your representation. function dmim(msgStr) { Relevant factors in determining whether there is potential for adverse effect include the duration and intimacy of the lawyer's relationship with the client or clients involved, the functions being performed by the lawyer, the likelihood that actual conflict will arise and the likely prejudice to the client from the conflict if it does arise. <> The common-law doctrine of incompatibility bars a councilmember of the City of Freeport from simultaneously serving as a member of the Citys police reserve force. 34 0 obj /K false /Type /Page /Group << >> A lawyer may represent a client in the circumstances described in (b) if: Dont create attorney-client relationship by accident (e.g., a 45 minute call is toolong). /Parent 25 0 R >> /Count 1 function di(id,name){ Have clear written communications about whom you represent. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] 31 0 obj >> For example, a lawyer may not represent multiple parties to a negotiation whose interests are fundamentally antagonistic to each other, but common representation may be permissible where the clients are generally aligned in interest even though there is some difference of interest among them. /Parent 30 0 R 57 0 obj endobj /CreationDate (D:20230405211500) >> Most readers will break it down successfully by taking it, one step at a time, from the end to the beginning. >> /Contents [530 0 R 531 0 R 532 0 R] /Group << >> /I false >> /Parent 19 0 R endstream . Att'y Gen. Op. endobj A law firm is not prohibited from representing a client under paragraph (f) merely because a nonlawyer employee of the firm, such as a paralegal or legal secretary, has a conflict of interest arising from prior employment or some other source. /8a1ddaeb-8f60-4e75-b420-7939816891a8 613 0 R /Type /Pages /Next 84 0 R /Kids [69 0 R] endobj /Count 1 /Resources << /Type /Pages >> 48 0 obj 39 0 obj conflicts of interest, or the appearance of conflicts of interest must be strictly avoided. Language in the Ranger city charter suggests that the city manager may supervise the chief of police. Texas Rule1.06is central to our discussion at this point. >> 78 0 obj /K false /Count 1 /S /Transparency << , Tips to take your practice to the next level. /Resources << In a criminal case, inquiry by the court is generally required when a lawyer represents multiple defendants. Texas Department of Banking Personnel Policy and Procedures Manual Section 2-02 . Several steps lead to the formation of the attorney-client relationship: Later you may seek work with a second lawyer or law firm. /K false /K false /Count 1 /Parent 2 0 R /MediaBox [0 0 612 792] >> PDF TEXAS ETHICS COMMISSION - Texas Education Agency The former attorney-client relationship never dies, but duties can be waived. /Type /Pages /Resources << English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . Texas Rule1.08addressesprohibitedtransactions between attorney and client. affinity (marriage) has a substantial interest in the involved real property or . /46501fd2-90e4-4e7c-be08-8dba502342dd 89 0 R endobj STANDARDS OF CONDUCT AND CONFLICT OF INTEREST The "Should Nots" Private Interest in Measure or Decision PART II. /Parent 2 0 R if (document.images) { >> You cant take positions that conflict with or comment on your opinion of your former client. 3 0 obj 3 0 obj << 8 0 obj >> 40 0 obj Att'y Gen. Op. /Resources << endobj >> 10 0 obj << Always be SAFE: secure permission and waivers from both new and old clients. English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . endobj endobj Email Staff Monday - Friday 8:00 a.m. - 5:00 p.m. Saturday & Sunday Closed Conflicts of Interest At its June 29, 2007, meeting the commission adopted updated Forms CIS and CIQ as required by H.B. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] 53 0 obj Subject(s): Nepotism -- Texas | Political ethics -- Texas | Conflict of interests -- Texas | Texas -- Officials and employees . A fundamental principle recognized by paragraph (a) is that a lawyer may not represent opposing parties in litigation. /5c52a43d-e2ee-45ae-b87c-e7fd5d029b47 545 0 R 18 0 obj endobj endobj /Type /Page o Rules of Ethics 1.06, 1.07, 1.08 and 1.09, 2020 State Bar of Texas | 800.204.2222 ext. A potential possible conflict does not itself necessarily preclude the representation. >> /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] In certain situations, such as in the preparation of loan papers or the preparation of a partnership agreement, a lawyer might have properly undertaken multiple representation and be confronted subsequently by a dispute among those clients in regard to that matter. /Parent 13 0 R /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] 13 0 obj /f24df8d1-61ae-4d67-a677-4acc7ee2f374 581 0 R /Kids [50 0 R] /Group << Paragraph (b)(2) addresses such situations. 171.003. /Contents [91 0 R 92 0 R 93 0 R] /K false >> Phone: (800) 204-2222. For example, a lawyer representing an enterprise with diverse operations may accept employment as an advocate against the enterprise in a matter unrelated to any matter being handled for the enterprise if the representation of one client is not directly adverse to the representation of the other client. /Type /Pages /Group << endobj /CS /DeviceRGB >> Texas Rule 1.09 gives the special conflicts standards pertaining to former clients. << /Parent 2 0 R /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] So also, when a corporation and its directors or employees are involved in a controversy in which they have conflicting interests, the corporation may provide funds for separate legal representation of the directors or employees, if the clients consent after consultation and the arrangement ensures the lawyer's professional independence. 22 0 obj 8 0 obj Conflicts Disclosure Statement | City Of Balcones Heights PDF 2012 Texas Ethics, Gift & Honorarium Laws MADE EASY /MediaBox [0 0 612 792] >> The law license allows us to represent (usually for pay) the property rights and legal interests of others while we, in essence, are allowed to stand aloof from the embattlement of interests. >> /93cf14d8-0054-4ba0-852b-a948822edfd6 406 0 R << /S /Transparency >> Chapter 176 of the Local Government Code was enacted by the 79th Legislature in HB 914 to provide a means by which potentially conflicting relationships between vendors and members of a local governmental body could be disclosed to the public. /Parent 17 0 R endobj Texas Rule 1.08 addresses prohibited transactions between attorney and client. endobj /Parent 26 0 R /S /Transparency >> /S /Transparency PDF Guide to Conflicts of Interest & Texas Ethics Law /Type /Page >> << /K false /Resources << Paragraphs (b) and (c) express that general concept. /Parent 2 0 R endobj /MediaBox [0 0 612 792] << /CS /DeviceRGB To codify these expectations, specific rules of behavior have developed under the category of what we call conflicts of interest. In a very general sense, these are rules society imposes on us in order to cement the trust relationship between lawyer and client and to assure that the attorney remainsundistractedin his or her devotion to the best interests of any person or entity the attorney claims as a client. /3e1cc475-69da-4c83-9277-68b1f0ec2c88 633 0 R 49 0 obj County judges brothers candidacy for sheriff does not violate nepotism or conflict-of-interest statutes in described circumstances, Application of Texas Constitution article XVI, section 40 and the common-law doctrine of incompatibility to simultaneous service as county sheriff and municipal fire marshal, Applicability of conflict-of-interest provisions in Local Government Code chapter 171 and nepotism provisions in Government Code chapter 573 to county attorney, Applicability of common-law doctrine of incompatibility and conflict of interest laws to Nueces County Commissioner who simultaneously serves as South Texas Water Authority general manager. All determinations made by the Commissioner are final. A lawyer may represent parties having antagonistic positions on a legal question that has arisen in different cases, unless representation of either client would be adversely affected. /XObject << /Contents [522 0 R 523 0 R 524 0 R] /XObject << /1c22a378-63ef-4eb2-b878-74d0b9b76d27 593 0 R <> Shadow chancellor Rachel Reeves said the new deal should be made mandatory for all banks. >> } >> /S /Transparency >> /Parent 2 0 R The county may still /Count 1 /K false If you are authorized to communicate with related parties, document it. /Kids [76 0 R] >> Att'y Gen. Op. Also, please note that these forms are NOT filed with the Texas Ethics Commission but filed with the City Secretary office, City of Balcones Heights. /Group << >> /Type /Pages Conflict of Interest - Business Services - Departments - Whitesboro DM-488 (1998) modified)|Prosecution for violating Open Meetings Act, payment from public funds of city council members' attorney fees to defend against (Tex. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] >> endobj endobj endobj /Group << << >> /Parent 39 0 R Except when the absolute prohibition of this rule applies or in litigation when a court passes upon issues of conflicting interests in determining a question of disqualification of counsel, resolving questions of conflict of interests may require decisions by all affected clients as well as by the lawyer. << endobj /Parent 2 0 R There may be additional conflict of interest or ethics forms required by other divisions. << var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; Chapter 176 of the Local Government Code was enacted by the 79th Legislature in HB 914 to provide a means by which potentially conflicting relationships between vendors and members of a local governmental body could be disclosed to the public. /I false << Not that attorneys do not become viscerally, laboriously, and even emotionally, engaged in the tug-of-war between the actual adversaries, but, as the late Sam Passman once said to a young associate: Always remember, theyre not talking aboutyourmoney.. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /80655b51-c3f7-4343-8f8d-cdbaac07d0d3 553 0 R /Group << 29 0 obj /Kids [47 0 R] >> The lawyer should make clear the relationship to the parties involved. /Group << Please refer to thisTexas Attorney General of Texas' publication for additional information related to the completion of a CIS or CIQ. }"0Hh~wM-uy}y+6r\eqN JtBRVBt*F7@PWV\]_1p)T/XHo{2X:Y3cC9ayUa32-E 60 0 obj << 16. endobj County Depository. Moreover, as a general proposition loyalty to a client prohibits undertaking representation directly adverse to the representation of that client in a substantially related matter unless that client's fully informed consent is obtained and unless the lawyer reasonably believes that the lawyer's representation will be reasonably protective of that client's interests. /Parent 10 0 R /Kids [54 0 R] /Resources << /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] >> (a) A local public official commits an offense if the official knowingly: (1) violates Section 171.004; (2) acts as surety for a business entity that has work, business, or a contract with the governmental entity; or >> >> endobj /MediaBox [0 0 612 792] No. /Kids [48 0 R] /Type /Page 4. /Group << /Contents [594 0 R 595 0 R 596 0 R] English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . >> 83 0 obj /Type /Page /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /K false endobj (a) Each state agency employee or official who is involved in procurement or in contract management for a state agency shall disclose to the agency any potential conflict of interest specified by state law or agency policy that is known by the employee . Details for: Texas dual office holding & incompatibility laws made easy /CS /DeviceRGB /Type /Pages /Type /Page /15de4988-3332-4ee4-b9c7-0e24fa336d6b 549 0 R IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; /Parent 2 0 R /K false << /XObject << /Group << /I false 38 0 obj /K false /Contents [626 0 R 627 0 R 628 0 R] << /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /Parent 2 0 R Koha. EN. endobj /Count 1 /Kids [6 0 R 7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R] Simultaneous representation of parties whose interests in litigation are not actually directly adverse but where the potential for conflict exists, such as co-plaintiffs or co-defendants, is governed by paragraph (b). >> 5 0 obj Texas Rule 1.07 addresses the specific practice of an attorney's acting as an intermediary between and among two or more clients seeking a common purpose or a mutual resolution of legal issues. /Contents [586 0 R 587 0 R 588 0 R] /XObject << Chapter 171. Regulation of Conflicts of Interest of Officers of While it is not required that the disclosure and consent be in writing, it would be prudent for the lawyer to provide potential dual clients with at least a written summary of the considerations disclosed. /CS /DeviceRGB /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] >> document.returnValue = false; /Title (Dual Office Holding/Incompatibility Chart) /Parent 2 0 R f (AM. Tex. /S /Transparency endobj /XObject << The term opposing parties as used in this Rule contemplates a situation where a judgment favorable to one of the parties will directly impact unfavorably upon the other party. // function that displays status bar message 6. What is considered a - Yumpu /K false Local Government Code 131.903 imposes special conflict of interest requirements for the selection of the county's depository. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. /MediaBox [0 0 612 792] became effective September 1, 2015. /K false /Group << IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; These cookies will be stored in your browser only with your consent. /MediaBox [0 0 612 792] /S /Transparency /Contents [518 0 R 519 0 R 520 0 R] /Outlines 4 0 R For example, a lawyer representing an enterprise with diverse operations may accept employment as an advocate against the enterprise in a matter unrelated to any matter being handled for the enterprise if the representation of one client is not directly adverse to the representation of the other client. /MediaBox [0 0 612 792] /Count 1 >> /Contents [403 0 R 404 0 R 405 0 R] /78e10d76-d950-451a-bbf8-b1553dba5c73 509 0 R /Type /Pages endobj Chapter 572. Personal Financial Disclosure, Standards of Conduct, and /ebcfc1c6-8a09-41d4-89c5-d282b4eafcac 621 0 R /Group << << /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] 70 0 obj <> endobj /Contents [570 0 R 571 0 R 572 0 R] /Contents [590 0 R 591 0 R 592 0 R] &J0sB .Bcj#870bco$0_0$m7h. /CS /DeviceRGB /Group << >> << << 14. /32b3b4d7-537c-4cc0-8540-99f82f6acc18 541 0 R << /d29e3986-3d6d-4416-ad91-8917e58d531f 98 0 R /Kids [56 0 R] /Parent 33 0 R MADE EASY - Texas Attorney General. /Count 1 >> /Contents [566 0 R 567 0 R 568 0 R] /MediaBox [0 0 612 792] <> /S /Transparency /CS /DeviceRGB A. Within the meaning of Rule 1.06(b), the representation of one client is directly adverse to the representation of another client if the lawyer's independent judgment on behalf of a client or the lawyer's ability or willingness to consider, recommend or carry out a course of action will be or is reasonably likely to be adversely affected by the lawyer's representation of, or responsibilities to, the other client. The potential for conflict of interest in representing multiple defendants in a criminal case is so grave that ordinarily a lawyer should decline to represent more than one co-defendant. 55 0 obj /CS /DeviceRGB /Parent 37 0 R jHL%MR /CS /DeviceRGB endobj Conflicts of Interest and Trade Secrets. Att'y Gen. Op. /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /Kids [62 0 R] 1 0 obj >> /Kids [46 0 R] A lawyer for a corporation or other organization who is also a member of its board of directors should determine whether the responsibilities of the two roles may conflict. 22. endobj endobj /First 44 0 R << Raising questions of conflict of interest is primarily the responsibility of the lawyer undertaking the representation. /Author (Zindia Thomas) Prior to /Parent 12 0 R At its November 30, 2015, meeting, the Texas Ethics Commission adopted /S /Transparency /K false /Count 1 /Count 1 >> /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /I false /5a19afbb-1046-429c-8a90-ea5c07d6a531 585 0 R Engagement letters should include file destruction protocols. For example, when the lawyer represents different clients in related matters and one of the clients refuses to consent to the disclosure necessary to permit the other client to make an informed decision, the lawyer cannot properly ask the latter to consent. /CS /DeviceRGB >> /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Group << JC-0236 (2000)), Prevailing wage law complaints, board member of hospital district who is president of local union council not prohibited by chapter 171 of the Local Government Code from participating in "good cause" determinations of|Uncompensated president of local union council who is board member of hospital district does not have a substantial interest in council and is not barred from participating in "good cause" determination of prevailing wage law complaints|Prevailing wage law complaints, chapter 171 of Local Government Code does not prohibit board member of hospital district who is president of local union council from participating in "good cause" determinations of, Public officers, reimbursement from public funds of attorney fees to defend against prosecution for violating Open Meetings Act (Tex. >> /Creator (TML) /S /Transparency Business Office / Conflict of Interest Questionnaire /I false >> , If you can't be certain, you can at least be ready. /Kids [79 0 R] << >> 16 0 obj /MediaBox [0 0 612 792] JC-02|Tax abatement, property not eligible for if owned or leased by member of the governing body of the municipality that grants abatements (Clarified by Tex. stream x^+ r r << /XObject << Under this Rule, any conflict that prevents a particular lawyer from undertaking or continuing a representation of a client also prevents any other lawyer who is or becomes a member of or an associate with that lawyer's firm from doing so. 50 0 obj /Parent 2 0 R /Group << 13. /Group << >> /K false See paragraph (f). /Title (Dual Office Holding/Incompatibility Chart) /Parent 2 0 R //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; >> /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] // LiaJavaInput 45 0 obj /Length 9 >> /CS /DeviceRGB If you don't have ADHD, Adderall and Ritalin won't work for you /MediaBox [0 0 612 792] >> /Prev 44 0 R << endobj if (document.images) {document.images[id].src=eval(name+".src"); } 6. The common-law doctrine of self-employment incompatibility prohibits one person from holding an office and an employment that the office supervises. endobj To the extent that is the case, an individual may not serve in the two separate positions of city manager and chief of police. /I false >> >> >> /8162c422-7d78-49d2-9cf7-556658b4beb5 597 0 R Paragraph (d) forbids the representation of any of those parties in regard to that dispute unless informed consent is obtained from all of the parties to the dispute who had been represented by the lawyer in that matter. << /CS /DeviceRGB /Resources << /S /Transparency Conflict of Interest Forms /XObject << Finding Employment Conflict of Interest Rules in Texas Conflict of Interest Rules in Texas During law school or while you are waiting for your bar results, you may work as a law clerk or legal assistant for a lawyer or law firm. Conflicts of interest in contexts other than litigation sometimes may be difficult to assess. /Resources << See also Rule 1.16. /d6d82bcd-085d-4a02-8fb3-81b6afd20536 601 0 R Details for: Texas conflict of interest laws made easy: Texas State endobj >> Politics latest: Ministers to announce plans to tackle NHS struggles >> endobj /16a9af5b-7154-4ba9-bb99-8697b9f8c1d1 577 0 R /Parent 2 0 R >> /I false /Count 1 /K false >> >> endobj /K false /XObject << /I false PROHIBITED ACTS; PENALTY. >> /XObject << /XObject << /K false << endobj /I false aware of the common-law rule restricting a contract between agencies and agency board . /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] endobj /Kids [52 0 R] /Kids [58 0 R] } /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] Simultaneous service of a magistrate appointed under Government Code chapter 54 as staff legal counsel for the appointing judge or judges and for the other appointed magistrates, Your Child Support And The Federal Stimulus Payment, How to Request an Attorney General Opinion. /CS /DeviceRGB 12. See paragraph (c). 8. endobj /S /Transparency /CS /DeviceRGB << /Parent 2 0 R /Parent 14 0 R >> /Resources << /CS /DeviceRGB /Annots [268 0 R 269 0 R 270 0 R 271 0 R 272 0 R 273 0 R 274 0 R 275 0 R 276 0 R 277 0 R 278 0 R 279 0 R 280 0 R 281 0 R 282 0 R 283 0 R 284 0 R 285 0 R 286 0 R 287 0 R 288 0 R 289 0 R 290 0 R 291 0 R 292 0 R 293 0 R 294 0 R 295 0 R 296 0 R 297 0 R 298 0 R 299 0 R 300 0 R 301 0 R 302 0 R 303 0 R 304 0 R 305 0 R 306 0 R 307 0 R 308 0 R 309 0 R 310 0 R 311 0 R 312 0 R 313 0 R 314 0 R 315 0 R 316 0 R 317 0 R 318 0 R 319 0 R 320 0 R 321 0 R 322 0 R 323 0 R 324 0 R 325 0 R 326 0 R 327 0 R 328 0 R 329 0 R 330 0 R 331 0 R 332 0 R 333 0 R 334 0 R 335 0 R 336 0 R 337 0 R 338 0 R 339 0 R 340 0 R 341 0 R 342 0 R 343 0 R 344 0 R 345 0 R 346 0 R 347 0 R 348 0 R 349 0 R 350 0 R 351 0 R 352 0 R 353 0 R 354 0 R 355 0 R 356 0 R 357 0 R 358 0 R 359 0 R 360 0 R 361 0 R 362 0 R 363 0 R 364 0 R 365 0 R 366 0 R 367 0 R 368 0 R 369 0 R 370 0 R 371 0 R 372 0 R 373 0 R 374 0 R 375 0 R 376 0 R 377 0 R 378 0 R 379 0 R 380 0 R 381 0 R 382 0 R 383 0 R 384 0 R 385 0 R 386 0 R 387 0 R 388 0 R 389 0 R 390 0 R 391 0 R 392 0 R 393 0 R 394 0 R 395 0 R 396 0 R 397 0 R 398 0 R 399 0 R 400 0 R 401 0 R 402 0 R] << <>>> endobj If there is material risk that the dual role will compromise the lawyer's independence of professional judgment, the lawyer should not serve as a director. 2012 Texas Conflict of Intrerest Laws Made Easy - Issuu endobj 12 0 obj /ProcSet [/PDF /ImageB /ImageC /ImageI /Text] /XObject << >> 86 0 obj 61 0 obj << endstream /Contents [614 0 R 615 0 R 616 0 R] /Type /Page /Contents [618 0 R 619 0 R 620 0 R] Texas lawyers must abide by (i.e., must not violate) theTexas Disciplinary Rules of Professional Conduct(which we will call the Texas Rules). , Nurture your budding practice with our collection of resources. 23, 84th Leg., Regular Session, which endobj Local Government Code section 171.004(a) conflict-of-interest requirements do not apply to a city council member voting on a county matter even though the council member is married to the county tax assessor-collector. if (document.images) { Conflicts of Interest: Nepotism - TASB Heres what it actually says: But, part (b) often confuses the reader at first, because the scenario it is prohibiting is stated in something of a backward way. The general conflict of interest laws for Texas city and county officials, as well as officials of other Texas political subdivisions, is found in chapter 171 of the Local Government Code.1 Chapter 171 establishes the standard for determining when a local official has a conflict of interest that would affect his or her ability to discuss, decid.
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