ETHICS OPINION 292-1932

ETHICS OPINION 292

NUMBER 292 1932

Question. A is an attorney and is representing B in action against C. C has also commenced an action against B, and A is representing B in this action. Both of these actions are pending in the courts. C conies to A and requests A to represent him in an action against D.

1. In the opinion of the Committee, can A represent C in an action against D without being guilty of professional impropriety, assuming that both B and C have been clients of A for several years and A has cases of B and C pending in the Courts against third parties?

2. In the opinion of the Committee, can A represent B in an action against C without being guilty of professional impropriety?

Answer. In the opinion of the Committee:

1. A cannot, with propriety, represent C in an action against D, while he is also representing B in litigations with C.

2. On the assumption stated in the question, A cannot, with propriety, represent B in an action against C, while he is also representing both B and C in actions against third parties.

 

This Committee has frequently stated its views on the subject of “conflicting interests. (See answers in Opinions 5, 123, 232, 279.)