LEO: Conflict of Interest - Personal Interest  LE Op. 814


Conflict of Interest - Personal Interest in Litigation.


July 25, 1986


An attorney represents his aunt with regard to the rescission of an

agreement between the aunt and her niece and her niece's husband for the

purchase of real estate. The mortgage on the real estate is in default and

the lender has agreed to loan the attorney the money for the purchase of

the same property. It is the opinion of the committee, given the above

circumstances, that the attorney either choose not to represent his aunt

in the given situation or, to represent his aunt only after advising the

aunt of his personal interest, particularly with regard to the favorable

purchase price, and obtaining her consent to his representation in the

rescission matter. [ DR:5-101, DR:5-105(C)]


Committee Opinion July 25, 1986