ETHICS OPINION 539-1964 CONFLICT OF INTEREST

NUMBER 539

QUESTION

In Question 521 the Committee rendered an opinion in which it stated that under the circumstances of the case the lawyer in question “should withdraw from the case entirely”. The question is now presented whether it is proper for the withdrawing attorney to charge a fee for the services he had rendered up to the time of his withdrawal.

 

ANSWER

 

Although the misstatements of A may have contributed substantially to the awkward situation in which the attorney eventually found himself, necessitating his withdrawal from the entire matter, it is felt that the attorney should have anticipated that a conflict of interests, such as did arise, would arise with the result that it would be impossible for him to represent A,B and C and, as a result of such conflict of interests, make it impossible for him to charge A, B and C for his services.

 

However, in this situation, it would appear that the attorney represented A before a Magistrate in a proceeding to determine whether a vehicular homicide action would lie against A In this situation it is the opinion of the Committee that the attorney may charge A a fee for his services before the Magistrate only.

 

November 4, 1964