LEO: Multiple Representation - Attorney as a LE Op. 593
Multiple Representation - Attorney as a Potential Witness.
June 18, 1984
Attorney filed suit for "X" against "Y", based upon the testimony of "F",
former employee of "Y"; "Y" sued "F" and "F" wishes attorney to defend his
It is not improper for the attorney to represent both clients "X" and "F",
so long as full disclosure is made to both clients and said clients
consent to the representation. Such representation can continue until the
attorney becomes aware of facts which place said clients in conflicting
positions. The representation is not prohibited solely by virtue of the
potential for being called as a witness by the opposite party, until it is
apparent that the attorney's testimony is or may be prejudicial to his
client(s). [ DR:5-102(A), DR:5-102(B), DR:5-105(B), (C); DR:5-107]
Committee Opinion June 18, 1984
See also LE Op. 1226.