ETHICS OPINION 448-1956 CONFLICTING INTERESTS

NUMBER 448

QUESTION.

Is there a conflict of interest where an attorney who represents the Committee of the Property of a deceased incompetent seeks to represent the Administrator, c.t.a. of the deceased incompetent’s estate? The Committee of the Property has not yet filed its final account.

 

ANSWER.

Canon 6 states in part:

 

“Within the meaning of this canon, a lawyer represents conflicting interests when, in behalf of one client, it is his duty to contend for that which duty to another client requires him to oppose.”

 

An attorney representing the committee of a deceased incompetent as well as the administrator, c.t.a. of the deceased incompetent’s estate would violate the express language of this canon. The committee must account to the estate and the only party whose duty it is to scrutinise that account is the administrator c.t.a. of the incompetent. Many questions may arise on that accounting such as the fees of the lawyer, and the general management of the estate. The mere statement of these possibilities indicates a real conflict of interest.

 

Dated : June 22, 1956.