LEO: Conflict of Interest, LE Op. 307
Conflict of Interest.
January 17, 1979
Where “A” has given a statement implicating both himself and his codefendant “B,” and “B” has denied complicity, it is improper for the attorney to represent both parties. If “B” is not to be a witness at the time of the Commonwealth's case against “A,” the attorney could represent “A.” If “B” will testify, the attorney should refrain from representing either party. [See II: DR:4-101(A), DR:5-105, DR:7-101(A) and DR:7-101(B)(1).]
Committee Opinion January 17, 1979