Footnote 268

See CPR Institute, supra note 111, at 27 ("[D]isputes involving incumbent employees usually focus on workplace relationships and other noneconomic issues...."). Conceivably, counsel might enter the case in the hope that it will not settle in mediation but rather will grow into a fee-generating lawsuit. If counsel permits such a motivation to sabotage the mediation, he will have breached his ethical duty to the client--whose interests may very well lie in settling early. See Model Rules of Prof'l Conduct 1.7(b) (1983) ("[A] lawyer shall not represent a client if the representation... may be materially limited... by the personal interest of the lawyer [unless]... the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each client... [and the] client gives informed consent.")