LEO: Conflict of Interest - Multiple  LE Op. 1013

 

Conflict of Interest - Multiple Clients.

 

December 10, 1987

 

You advise that you have been asked to represent a widow and four of her

children in a partition suit. The facts of the situation are as follows:

Testator devised his farm to his wife for life and directed that the farm

be sold at her death with the proceeds divided equally among six of his

children. The wife and four children have asked you to bring a partition

suit to sell the farm so that problems may be avoided after her death. You

also indicated that none of the children are minors and another lawyer

represents the estate of the deceased child and the other living child.

Your interpretation of the statute is that you must bring the suit as the

life tenant versus all the remaindermen, even though all parties desire

the same result. You have advised and received consent of the wife and

four children to represent them.

 

You wish to know whether it is ethical for you to represent the wife as

plaintiff and the four children (remaindermen) as defendants when all

parties desire the same result and have consented to your disclosure.

 

Disciplinary Rule 5-105(C) [ DR:5-105]provides that an attorney may

represent multiple clients if it is obvious that he can adequately

represent the interest of each and each consents to the representation

after full disclosure of the possible effect of such representation on the

exercise of his independent professional judgment on behalf of each.

 

The Committee opines that it would not be improper for you to represent

the wife as plaintiff and four remaindermen as defendants in the partition

suit when all parties desire the same result and have consented to your

representation.

 

Committee Opinion December 10, 1987