LEO: Conflict of Interest  LE Op. 299

 

Conflict of Interest.

 

[Date unknown]

 

It is improper for an attorney representing driver (X) and passenger (Y)

who have filed separate suits against driver (Z) of another vehicle to

defend a third-party action against driver (X). However, the impropriety

would be obviated if (X) and (Y), after full disclosure by the attorney,

agree (independent of the attorney's advice) that no judgment secured on

behalf of passenger (Y) would be enforced should the defendant driver (Z),

third-party plaintiff, be successful in securing contribution or indemnity

from driver (X), the third-party defendant. [See II: DR:5-105(C).]

 

Committee Opinion