LEO: Conflict of Interest - Personal Injury -  LE Op. 640


Conflict of Interest - Personal Injury - Adverse Parties

- Multiple Representation.


December 19, 1984


With the consent of the defendant clients and provided that an attorney

can adequately represent the interests of each, an attorney may represent

the insurer of two defendants in an action maintained on behalf of the

estate of a third party even though those two defendants have, previously,

been in litigation against each other arising out of the same facts. The

provisions of DR:5-105(B) and (C) of the Virginia Code of Professional

Responsibility are dispositive of this inquiry.


Also, if the infant beneficiaries are represented by counsel in regard to

a claim for wrongful death, then it is improper for an attorney

representing the defendants previously referenced to contact directly

those statutory beneficiaries absent consent from their lawyer. See DR:7-



Committee Opinion December 19, 1984