Also known as: adverse effects · adverse impact
Written by attorneys · grounded in primary & secondary sources — see below
A material negative impact or consequence on a client's interests or a lawyer's representation of a client.
Jordan represents ByteForge in a licensing negotiation with several weeks left before deadlines. The founders have missed meetings and stopped paying invoices. Apex Legal has agreed to take over and can prepare in time. Jordan files a motion to withdraw because the transition will not create a material adverse effect on ByteForge.
A lawyer serves as a director of a legal services organization that assists clients with interests adverse to one of the lawyer's firm clients. The lawyer participates in a board decision allocating resources. The decision creates a material adverse effect on the representation of the firm client whose interests conflict with the organization's client.
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Defense counsel represents two co-defendants in a joint trial. Counsel fails to cross-examine a key prosecution witness to protect the interests of one defendant over the other. The defendant shows that the conflict produced an adverse effect on counsel's performance and the outcome of the defense.
A detainee alleges that officials adopted detention policies because of the detainee's religion. The complaint must plead facts showing that the policies were adopted because of, and not merely in spite of, their adverse effect on the religious group.
A state statute requires physicians to provide certain information before an abortion. The statute includes an exception when the physician reasonably believes the information would produce a severely adverse effect on the patient's physical or mental health.
A city enacts a historic preservation ordinance that prevents a church from expanding its building. The church claims the ordinance produces an adverse effect on religious exercise by limiting worship space and activities.
A lawyer may withdraw when the withdrawal can be accomplished without material adverse effect on the client's interests. The presence of replacement counsel and sufficient time before deadlines typically shows that no material adverse effect exists.
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A lawyer may not participate in a board decision or action that would have a material adverse effect on the representation of a firm client whose interests are adverse to an organization client.
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An actual conflict of interest necessarily produces an adverse effect on counsel's performance. The defendant must show that the conflict adversely affected the lawyer's representation.
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A plaintiff must plead facts showing that the decisionmaker acted because of, and not merely in spite of, the adverse effect on an identifiable group.
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…J., dissenting). The Pennsylvania Legislature was in a position to weigh the likely benefits of the provision against its likely adverse effects, and presumably concluded, on balance, that the provision would be beneficial. Whether this was a wise decision or not, we cannot say that it was irrational. We therefore conclude that the…