Legal Ethics Opinion No. 1435
                    
                    Confidences and Secrets: Attorney As A Witness
                    Following      Multiple Real Estate Representation
                    
                    You have presented a hypothetical situation in which a
                    lawyer represents both buyer and seller in a real
                    estate closing. After problems arise related to the
                    deal, seller sues buyer for breach of contract.  Seller
                    intends to call the attorney who represented both the
                    buyer and the seller in the closing as a witness on his
                    behalf and the former attorney intends to testify on
                    behalf of the seller.  
                    
                    You have asked the committee to opine whether, under
                    the facts of the inquiry, it is proper for the closing
                    attorney to testify on behalf of the seller.  You have
                    also inquired as to the committee's opinion regarding
                    whether, in the event of a conflict of interest, the
                    real estate attorney can be stopped from testifying
                    even though he faces ethical violations.
                    
                    The appropriate and controlling Disciplinary Rule
                    related to your first inquiry is DR 4-101(B) which
                    provides that a lawyer shall not reveal or use
                    confidences or secrets of his client. 
                    
                    Ordinarily, it is not improper for an attorney to
                    testify on behalf of a former client represented by the
                    attorney in the same matter when requested to do so by
                    the former client.  See LEO #322.  It is also
                    well-established, however, that if an attorney
                    undertakes to represent both buyer and seller in a real
                    estate transaction, it is unethical for him to
                    subsequently represent either party against the other,
                    unless the other party consents after full disclosure. 
                    See LEOs #414 and #656.  Additionally, when a lawyer
                    represents both parties to a real estate transaction,
                    he has a duty to inform his clients at the outset of
                    the transaction that he will not be able to represent
                    either party against the other if a dispute should
                    arise.  See LEO #1000. 
                    
                    Thus, the committee opines that it would not be
                    improper for the closing attorney to testify
                    voluntarily on behalf of the seller in the breach of
                    contract action.  If, however, he is called upon to
                    reveal confidences and secrets gained in the former
                    attorney-client relationship with the buyer, he should
                    not so answer unless the privilege is waived by the
                    former clients or unless he is ordered to do so by the
                    Court.  
                    
                    As regards your second inquiry, the question of whether
                    an attorney can be stopped from testifying even though
                    he faces ethical violations raises legal issues which
                    fall outside the committee's purview and thus cannot be
                    addressed in the scope of a Legal Ethics Opinion.
                      
                    Committee Opinion
                    November 18, 1991