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NUMBER 395 APRIL 1951
Question. Al is an attorney representing A; Bob is an attorney representing B; Carl is an attorney representing C.
a sues B and C. Bob and Carl, as attorneys for the defendants, work together on the defense. While the case is pending, Al, the plaintiff’s attorney, and Bob become law partners. Bob, when questioned by Carl, assures him that the case will be discontinued. A year or so later. Al and Bob dissolve the partnership. Bob begins an action against C arising out of a different set of facts. Al represents Bob. Notices of trial are filed in both actions and both actions are pending.
The position of C: He is being sued by Bob, who is the attorney for his codefendant B in the first action, and who was the partner of Al, who represents the plaintiff in the first action as well as the plaintiff in the second action,
Answer. 1. After Al and Bob became partners it was not ethical for them as a firm or individually to represent both plaintiff and defendant. While this question is now moot, its answer is necessary to a consideration of the second question.