LEO: Defense of Third Party Motions - Conflict  LE Op. 291


Defense of Third Party Motions - Conflict of Interests.


March 6, 1978


It is improper for an attorney representing a driver and passenger in a

vehicle who have filed separate suits against the driver of another

vehicle after an auto accident to defend a third party motion for judgment

against the driver of the first vehicle without full disclosure and

agreement by the attorney's clients (independent of the attorney's advice)

that the attorney's passenger client will not enforce his judgment against

the defendant if the defendant secures a third party judgment for

contribution or indemnity against the third party defendant. [See II: DR:

5-105(C) and DR:7-103(A)(2).]


Committee Opinion March 6, 1978