LEO: Conflict of Interest - Unlawful Detainer  LE Op. 658


Conflict of Interest - Unlawful Detainer - Attorney as Witness -

Sworn Affidavit.


January 16, 1985


Even if an unlawful detainer proceeding is contested, the attorney for

the landlord is not required to withdraw from representation solely on the

basis that the attorney has sworn to the affidavit in support of the

client's action in unlawful detainer. Pursuant to the provisions of DR:5-

102(B) of the Virginia Code of Professional Responsibility, the attorney

for the landlord may continue representation of the landlord until it is

apparent that the attorney's testimony as a witness is or may be

prejudicial to the client.


Committee Opinion January 16, 1985