ETHICS OPINION 270-1929

ETHICS OPINION 270

NUMBER 270 1929

Question. A, a client, introduced to his counsel, who have heretofore represented and advised him in various matters, another person, B, who then employed such counsel to represent her in obtaining from her husband, a separation agreement, and also to advise her in respect to other business matters. She has now consulted such counsel in respect to a divorce, and they learn that she contemplates marrying A when it has been procured. In their prior representation of A, they acted as his attorneys in bastardy proceedings brought against him, and in which he was found guilty; and they now are his attorneys in a pending action against him for breach of promise and seduction brought by the mother of his illegitimate child, and he is in default for amount which he was directed to pay in the bastardy proceedings.

The proper interests of B, in the opinion of these counsel, require that she shall know the facts about A, and they have sought in vain to get his consent to acquaint her with them. They fear for her that if she employs other counsel, she will proceed in ignorance, to her detriment.

In the opinion of the Committee, what should these counsel do in the premises?

Answer. In the opinion of the Committee, the attorneys should disclose to B the pertinent facts of public record, and retire from their employment by B because the continuance of such employment by B would probably involve the attorneys in conflicting duties. They should previously inform A of their intent to make this disclosure, so that A may continue or terminate his relation as client as he chooses.