LEO: Conflict of Interest - Associate LE Op. 612
Conflict of Interest - Associate Attorney/Partner -
Representation of Law Partner.
October 5, 1984
When adverse counsel has stated the intent to call an attorney for the
opposing side as a witness concerning the nature of the business
relationship among the defendants, the opposing attorney should not
continue as counsel of record unless one of the exceptions stated in DR:
5-101(B) (1-3) is applicable. Furthermore, DR:5-101(A) states that
A lawyer shall not accept employment if the exercise of his professional
judgment on behalf of his client may be affected by his own financial,
business, property or personal interests, except with the consent of his
client after full and adequate disclosure under the circumstances.
and should be considered by an attorney who is called upon to make a
decision as to whether or not the representation may continue or whether
withdrawal from representation is necessary.
Committee Opinion October 5, 1984