An attorney represents a first time entrepreneur, the child of a close friend, in lease negotiations with a local university for a lab space in the university’s new research park. The attorney and the entrepreneur executed an engagement letter, in which the entrepreneur agreed to "waive in advance any conflict of interest that might arise in the future."
Last week, the president of the university visited the attorney for a consultation. The university wants the attorney to defend it in action brought by an employee for wrongful termination. The attorney explains the representation of the entrepreneur to the president, who says "no problem." The attorney begins representing the university.
Is the attorney subject to discipline?
(A) No, because clients can waive their right to object to future conflicts.
(B) No, because the lease negotiation and the wrongful termination actions are unrelated matters.
(C) Yes, because clients cannot waive their right to object to future conflicts.
(D) Yes, because the entrepreneur has not provided informed consent to the representation.