Read the following case notes and answer the question below.

Moana has been working in the commercial team for some time now and asks if she could do some legal executive work for the family team at Beachside Solicitors. Moana has been working with a very experienced legal executive all week and enjoying it very much. The lawyer supervisiong the family team is Shawn Squires. The receptionist has notified Moana that there is a married couple, Martin and Marion Moriri, waiting in the meeting room for her. The receptionist tells Moana that the firm has acted for them as a couple on a number of conveyancing and business transactions over the past 15 years and has also drafted their wills.

Moana arrives in the room and the clients proceed to tell her that they are having serious marital issues and would like Shawn to act for them on these family matters. They both have built a very trusting relationship with him over the years and don't want to find another lawyer to help.

An immediate red flag pops up for Moana from her experience on the commercial team. She tells Martin and Marion that there may be some issues with this but says she will discuss this with Shawn first before sharing any details with them. She leaves the room and goes directly to her computer to look up the rules on conflict of interest that may apply in this situation. Below are the questions that Moana needs to find the answers for so she can discuss it with Shawn before heading back to Martin and Marion. She does not have much time as the clients are waiting for her to come back to the meeting room.

a) With reference to the Lawyers: Conduct and Client Care Rules explain whether Shawn, at first instance, is able to continue to act for both Martin and Marian? Why or Why not? (4 mark)

b) With reference to the Lawyers: Conduct and Client Care Rules New Zealand explain if Shawn can continue to act for one of his clients (either Martin or Marion) or continue to act for both of them. Why or Why not?

What steps would Shawn be required to follow in each of these circumstances according to the Conduct and client care rules New Zealand

Summarise what options are available to Shawn and give your opinion on the level of risk for each. Which would be the best option for Shawn?