LEO: Third Party Practice Conflict, LE Op. 379

 

Third Party Practice Conflict of Interest.

 

Reconsidered January 20, 1982

 

Attorney was employed to represent Mr. & Mrs. A as plaintiffs in a suit against defendant and defendant's employer, in a personal injury claim arising out of an automobile accident. Mr. B also retained the same attorney to represent him in a suit against the same defendant and defendant's employer in a personal injury claim arising out of an automobile accident which occurred shortly after the accident involving Mr. & Mrs. A as a result of Mr. B's vehicle striking defendant's vehicle which had remained on the highway after the accident involving Mr. & Mrs. A. It would not be improper for attorney to represent, or continue to represent Mr. & Mrs. A or Mr. B against defendant and defendant's employer, in separate lawsuits, even though defendants have filed a third party motion for judgment against Mr. & Mrs. A in the suit brought by Mr. B, so long as Mr. & Mrs. A and Mr. B consent after full disclosure by attorney. [See II: DR:4-101(C)(1) and DR:5-105(C).]

 

Committee Opinion August 11, 1981

 

Reconsidered January 20, 1982