LEO: Conflict of Interest - Communication  LE Op. 523


Conflict of Interest/Communication With Adverse

Party/Attorney as Witness.


August 1, 1983


Even though an attorney who is named as defendant in a lawsuit believes

that the Board of Directors of the plaintiff's corporation has been

misinformed by counsel of record and desires to send a copy of his request

for admissions directly to the Board of Directors, it is not ethically

permissible for the attorney to mail his request for admissions, other

motions or pleadings directly to the Board of Directors since direct

mailing of the pleadings to the Board of Directors would be a

communication with an adverse party represented by counsel.


An attorney whose law partner serves as Escheator cannot ethically defend

a landowner whose property becomes the subject of a suit to quiet title as

a result of an Escheator's sale since there would be a strong possibility

that the Escheator would be called as a witness on behalf of the

purchaser. [ DR:7-104(A)(1), DR:5-101(B) and LE Op. 521]


Committee Opinion August 1, 1983