LEO: Conflict of Interest - Representation LE Op. 657
Conflict of Interest - Representation Against Former Client in
Substantially Related Matter.
February 5, 1985
It is improper for an attorney in a recision proceeding to represent a
party adverse to the grantor where the attorney previously represented the
grantor in a proceeding for the appointment of a guardian ad litem, and
both actions involve the issue of the grantor's competence and are
substantially related. See DR:5-105(D).
Further, where the attorney presently represents a party who was present
in the first action, it would appear that such representation will involve,
at least potentially, the use of confidences or secrets gained by adverse
counsel in his prior representation.
Committee Opinion February 5, 1985