LEO: Multiple Representation - Partition Suit  LE Op. 786

 

Multiple Representation - Partition Suit -

Inconsistent Interests.

 

May 27, 1986

 

A partition suit has been filed in which a widow/mother and her minor

children have potential interests in one of the fractional shares. The

widow/mother's interest has been challenged based on the allegation that

she deserted her husband, the deceased beneficiary, prior to his death.

Given the above circumstances, it is not proper for an attorney to

represent both the minor children and the widow/mother. Due to the

challenge to the widow/mother's claim, her interests and those of her

children are potentially adverse. Since the minor children are not capable

of giving the consent required by DR:5-105(C), said attorney may not

represent the mother, but may continue to represent the children provided

the mother consents to such representation after full disclosure. [ DR:5-

105(B) and (C)]

 

Committee Opinion May 27, 1986