LEO: Conflict of Interest - Former Partner  LE Op. 401


Conflict of Interest - Former Partner.


January 19, 1981


It is not improper for counsel for plaintiff to continue to represent

plaintiff against defendant "A" and/or defendant "B" when counsel for

plaintiff is a partner of an attorney who was defendant "A's" counsel when

defendant "A" faced and was convicted of criminal charges involving the

accident giving rise to the instant litigation, so long as the consent of

all parties is obtained after full disclosure. If "A" is not represented

by counsel, the Committee questions seriously whether fully informed

consent would be obtainable. [See II: DR:4-101(B) and (C) and DR:5-



Committee Opinion January 19, 1981