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