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