LEO: Conflict of Interest - Subsequent LE Op. 621
Conflict of Interest - Subsequent Representation - Former
Client - Adverse Interest/Party.
May 1, 1985
If there is a likelihood that a former client will be a party to
litigation, it would be improper for an attorney to represent a person
victimized by the former client's fraudulent sale transactions since the
civil litigation in behalf of that person would be substantially related
to the subject matter of the attorney's former representation of the
former client and the attorney's representation would be materially
adverse to the former client. However, the consent of the former client
after disclosure to the former client would remedy the disqualification.
The applicable provisions of the Virginia Code of Professional
Responsibility are DR:5-105(D) and (E). DR:5-105(D) states:
A lawyer who has represented a client in any matter shall not thereafter
represent another person in the same or subsequently related matter if the
interests of that person are adverse in any material respect to the
interests of the former client unless the former client consents after
Note further that DR:5-105(E) would disqualify any partner or associate
if an attorney is disqualified by DR:5-105(D).
Committee Opinion May 1, 1985