LEO: Attorney - Client - Conflict of Interest  LE Op. 916

 

Attorney - Client - Conflict of Interest - Multiple Clients.

 

May 8, 1987

 

An attorney represents Defendant "J" on a burglary charge, Defendant "X"

on a traffic charge and Defendant "Y" on a traffic charge. The attorney

previously represented Defendant "Z." "X" is a victim of "J's" burglary

charge, "Y" is a commonwealth's witness against "J" on the burglary charge

and "Z" is a commonwealth's witness against "J" on the burglary charge. It

is assumed that the traffic charge of both "X" and "Y" are not related to

each other or to the burglary charge.

 

It is not improper, per se under these circumstances for the attorney to

continue to represent all the parties as long as each client is fully

advised of the attorney's representation of all other clients and the

clients consent to continue representation. The attorney must be satisfied

that his independent professional judgment on behalf of each client will

not be affected and that Code provisions dealing with preservation of

confidences and secrets is complied with. [ DR:4-101(B), DR:5-105; LE

Op. 819, LE Op. 706, LE Op. 688, LE Op. 621]

 

Committee Opinion May 8, 1987