LEO: Multiple Representation - Attorney as a  LE Op. 593

 

Multiple Representation - Attorney as a Potential Witness.

 

June 18, 1984

 

Attorney filed suit for "X" against "Y", based upon the testimony of "F",

former employee of "Y"; "Y" sued "F" and "F" wishes attorney to defend his

case.

 

It is not improper for the attorney to represent both clients "X" and "F",

so long as full disclosure is made to both clients and said clients

consent to the representation. Such representation can continue until the

attorney becomes aware of facts which place said clients in conflicting

positions. The representation is not prohibited solely by virtue of the

potential for being called as a witness by the opposite party, until it is

apparent that the attorney's testimony is or may be prejudicial to his

client(s). [ DR:5-102(A), DR:5-102(B), DR:5-105(B), (C); DR:5-107]

 

Committee Opinion June 18, 1984

 

CROSS REFERENCES

 

See also LE Op. 1226.