LEO: Conflict of Interest - Attorney of  LE Op. 616


Conflict of Interest - Attorney of Insured Hired

by Insurer.


November 13, 1984


It is improper for an attorney retained by an insurer to represent its

insureds to execute an aggregate settlement in a malpractice case contrary

to the expressed direction of one of the several insureds the attorney

represents; if the interest of the insured and the insurer differ and

cannot be reconciled, it is incumbent upon the attorney retained by the

insured to withdraw from representation. [ DR:2-108(A)(1), DR:5-106(B),

DR:5-107, ABA Informal Opinion 1476 dated August 11, 1981]


Committee Opinion November 13, 1984