Have Questions? Contact Us.
Since its inception, NYCLA has been at the forefront of most legal debates in the country. We have provided legal education for more than 40 years.
ETHICS OPINION 603-1972 CONFIDENCES; CONFLICTING INTERESTS; DUTY TO FORMER CLIENT
Opinion Number 603-
NUMBER 603
QUESTION.
The owner of a two family house has instituted a proceeding to dispossess a tenant from tenant’s apartment in the house. Tenant desires to be represented by his long time friend and lawyer. However, two years ago, the lawyer was retained by the owner, at the suggestion of tenant, to represent the owner in an unrealted action involving the occupation of certain business premises by a corporation the stock of which belonged to the owner. That matter was concluded and the owner has since been represented in various matters, including the current dispossess proceedings, by other counsel. The lawyer asks if it would be proper for him to represent the tenant in the current proceeding. All parties, as well as the present lawyer for the owner, have been informed of the inquiring lawyer’s former representation of the owner’s business corporation.
ANSWER.
Inasmuch as the inquiring lawyer represented the owner only in a single, isolated, totally unrelated matter, which was concluded two years ago, and the owner has since been and currently is represented by other counsel, it is clear that the inquiring lawyer no longer represents the owner and that his representation of the tenant in the current dispute would not involve a conflict of loyalties within the purview of DR 5-105(A), See ABA Inf 885 (1965) and N.Y. County 202 (1922).
If, however, the inquiring lawyer acquired any information of a confidential or secret nature in the course of his earlier representation of the owner his obligation to preserve such confidence or secret would continue after the termination of his employment. EC 4-5,6. Should there be any possibility that such information would be used to the disadvantage of his former client the lawyer should refuse to accept employment by the tenant unless he has made full disclosure of the situation to both parties and has obtained their consent to the representation. DR 4-101(A), (B),(C); 5-105(C).
May 10, 1972.