NUMBER 232 1925

Question. In the opinion of the Committee is it professionally improper for the attorney and counsel for executors, still engaged in the administration of an estate and whose employment in behalf of the executors in the performance of their executorial duties still continues, to accept employment from the wife of one of the executors in a divorce action against him (there being no collusion).

Answer. In the opinion of the Committee, as a general principle a lawyer should not accept adverse employment against a client while the relation of attorney and client continues; such adverse employment is too apt to conflict with the essential confidence which the relation of attorney and client implies and requires.


The fact that in the given case the husband is an executor, and only one of the executors, and that the attorney is in the employ of the executors as such, does not, in the opinion of the Committee, take the case out of the operation of the general principle above stated.