LEO: Conflict of Interest - Adoptive Parents  LE Op. 741


Conflict of Interest - Adoptive Parents and

Unrepresented Biological Parent.


January 20, 1986


It is not improper for an attorney to represent adoptive parents in an

independent adoption when the biological parent is unrepresented. The

attorney may not, however, represent the adoptive parents in such an

adoption and simultaneously undertake to represent the biological parent,

even in the form of counseling in regard to anticipated inquiries from the

court. [See Canon 5 ("A lawyer should exercise independent professional

judgment on behalf of a client."), DR:5-105(B); Canon 7 ("A lawyer

should represent a client zealously within the bounds of the law."), DR:

7-102, DR:7-103(A)(2); Canon 9 ("A lawyer should avoid even the appearance

of professional impropriety."), EC:9-2.]


Committee Opinion January 20, 1986