Right, I'm not saying "this is cut and dried -wrong-" but that it does raise what I feel are valid questions about the influences, both conscious and subconscious that surround this whole situation.
Like you say, Thiel could not direct the firm to change strategy, but on the other hand (and I realize that this may come across as an accusation where one isn't intended), no doubt Thiel is talking to the law firm, and directing multiple people to this particular firm, and given that he has been vocal about his goals, it's also possible that such things creep in to decision making processes.
Bollea and Thiel's interests may also be perfectly aligned.
>but that it does raise what I feel are valid questions..
I totally agree, and the Bars that regulate lawyers agree. Not just valid, but serious enough issues for the Bars to create Rules to try to guide lawyers when confronted with these exact scenarios. Notwithstanding the Rules and severe punishments, they can still be broken, and as you suggest violations can be intentional and unintentional only clouding these ethical issues.
Just don't under estimate how archaic the Bars Rules are in practice. For example, the power of Admonishment wherein lawyers are dragged in front of groups of their peers to be publicly ridiculed, a record of the event is made and distributed among the community. Even if not disbarred, punishment is not only humiliating but can potentially ruin a career anyhow.
>Bollea and Thiel's interests may also be perfectly aligned.
I haven't confirmed, but I think the gist is that separate and apart from the firm's representation of Bollea, the firm represents Thiel in various unrelated legal matters. If true, coincidentally we know that at minimum Bollea and Thiel don't have adverse interests[1]. Moreover, before a firm represents a client (Bollea) they must perform a conflict check against all existing clients, which coincidentally would have included the payer, Thiel.
Funny enough I don't think such a conflict check is required of someone who pays the lawyer for another (Thiel if he wasn't a client of the firm) and such a rule would seem to make sense. Though it would be burdensome in the instance of crowdsourcing lawsuits which will probably begin to become more of a thing. It would also be a strange analysis in the criminal justice context where the tax payer is paying the judge, the prosecutor and the defense (in the instance of public defender cases), or even insurance cases where opposing parties are both insured by the same company (e.g. my insurance company is representing me and paying for my litigation, and they are also representing and paying the opposing litigation...a conflict).
Like you say, Thiel could not direct the firm to change strategy, but on the other hand (and I realize that this may come across as an accusation where one isn't intended), no doubt Thiel is talking to the law firm, and directing multiple people to this particular firm, and given that he has been vocal about his goals, it's also possible that such things creep in to decision making processes.
Bollea and Thiel's interests may also be perfectly aligned.