LEO: Conflict of Interest - Attorney as  LE Op. 746

 

Conflict of Interest - Attorney as Witness - Simultaneous

Representation - Arbitration Claim.

 

December 30, 1985

 

An attorney represents C in an arbitrated claim against D, E and F. D

subsequently institutes an action in state circuit court against both the

attorney and C on grounds arising from the arbitrated claim. It is not

improper for the attorney to continue to represent C in the arbitrated

claim so long as C consents after full and adequate disclosure under the

circumstances by the attorney of the possible effect of continued

representation on the attorney's personal, financial, business or property

interest viz the state circuit court proceeding. [See DR:5-101(A) and

DR:5-105(A)] However, in the state court claim, the attorney's testimony

may be critical to the defense of C. Therefore, the attorney must decline

representation in the state court proceeding, or, if the defense is

pending, withdraw. [ DR:5-101(B) or DR:5-102(A)]

 

Committee Opinion December 30, 1985