LEO: Conflict of Interest - Associate  LE Op. 612

 

Conflict of Interest - Associate Attorney/Partner -

Representation of Law Partner.

 

October 5, 1984

 

When adverse counsel has stated the intent to call an attorney for the

opposing side as a witness concerning the nature of the business

relationship among the defendants, the opposing attorney should not

continue as counsel of record unless one of the exceptions stated in DR:

5-101(B) (1-3) is applicable. Furthermore, DR:5-101(A) states that

 

A lawyer shall not accept employment if the exercise of his professional

judgment on behalf of his client may be affected by his own financial,

business, property or personal interests, except with the consent of his

client after full and adequate disclosure under the circumstances.

 

and should be considered by an attorney who is called upon to make a

decision as to whether or not the representation may continue or whether

withdrawal from representation is necessary.

 

Committee Opinion October 5, 1984