LEO: Conflict of Interest - Subsequent  LE Op. 621

 

Conflict of Interest - Subsequent Representation - Former

Client - Adverse Interest/Party.

 

May 1, 1985

 

If there is a likelihood that a former client will be a party to

litigation, it would be improper for an attorney to represent a person

victimized by the former client's fraudulent sale transactions since the

civil litigation in behalf of that person would be substantially related

to the subject matter of the attorney's former representation of the

former client and the attorney's representation would be materially

adverse to the former client. However, the consent of the former client

after disclosure to the former client would remedy the disqualification.

 

The applicable provisions of the Virginia Code of Professional

Responsibility are DR:5-105(D) and (E). DR:5-105(D) states:

 

A lawyer who has represented a client in any matter shall not thereafter

represent another person in the same or subsequently related matter if the

interests of that person are adverse in any material respect to the

interests of the former client unless the former client consents after

disclosure.

 

Note further that DR:5-105(E) would disqualify any partner or associate

if an attorney is disqualified by DR:5-105(D).

 

Committee Opinion May 1, 1985