LEO: Conflict of Interest - Disclosure - LE Op. 1134
Conflict of Interest - Disclosure - Multiple Representation - Personal
Injury Representation: Attorney Representing Husband in Personal
Injury Claim After Having Settled Wife/Passenger's Claim.
October 18, 1988
You advised you had been retained by a family who was in a motor vehicle
accident within your locality. The husband was the driver of the
automobile, and the wife and children were passengers. The children's
claims were resolved in General District Court. You filed suit on behalf
of the wife in Circuit Court. Subsequently her husband, the driver, was
sued in a third party motion for judgment. At that time you notified all
appropriate parties and withdrew from representation of the husband,
whereupon the husband retained services of another attorney for his
personal injury claim.
The wife's case is settled and the husband's carrier contributed to the
settlement. The husband now requests you resume representation of him in
this claim against the driver of the other automobile. You wish to know
whether you may now represent him in this claim.
Disciplinary Rule 5-105(D) states that a lawyer who has represented a
client in a matter shall not thereafter represent another person in the
same or substantially related matter if the interest of that person is
adverse in any material respect to the interest of the former client
unless the former client consents after the disclosure. Further, DR:5-
105(C) states the lawyer may represent multiple clients if it is obvious
that he can adequately represent the interest of each party and each party
consents to the representation after full disclosure of the possible
effect of such representation on the exercise of his independent
professional judgment on behalf of each.
The Committee opines that it would not be improper for you to represent
the husband as long as full disclosure is made to both parties and consent
received by the wife, your former client.
Committee Opinion October 18, 1988
See also LE Op. 1354.