LEO: Conflict of Interest - Multiple  LE Op. 346

 

Conflict of Interest - Multiple Clients.

 

December 4, 1979

 

Attorney represented clients "X," "Y" and "Z" who were the named

defendants in a civil action arising out of an automobile accident with

plaintiff. Attorney filed a demurrer on behalf of "X," "Y" and "Z" and the

motion for judgment was dismissed. Thereafter, plaintiff filed an amended

motion naming only "Z" (the driver of the vehicle) as the defendant. The

attorney represented "Z" and the suit was eventually settled. Thereafter, "

Y" (a passenger in "Z's" vehicle) sued "Z," arising out of the same

accident and the insurance company requested the attorney to represent "Z."

It would be improper for the attorney to represent "Z" after having

previously represented "X") "Y" and "Z" in filing the demurrer. [See II:

DR:5-105.]

 

Committee Opinion December 4, 1979