LEO: Conflict of Interest - Attorney's  LE Op. 881


Conflict of Interest - Attorney's Wife

Employed as Law Clerk for Judge.


May 1, 1987


The wife of an attorney who is a member of a firm in private practice is

employed as a law clerk by the chief judge of the United States Bankruptcy

Court in that area. Given the above, it is improper for the attorney to

appear before the bankruptcy judge in any matter in which the wife/law

clerk has in any way been involved or may have any responsibility. It is

improper for the attorney to appear in proceedings where the judge does

not preside, such as a first creditors meeting, if the case will

subsequently be assigned to that judge and the wife/law clerk will have

any responsibility for that case. It is improper for the attorney to have

any responsibility or in any way work with any file if the wife/law clerk

also has responsibility for that same file. [ DR:5-101, DR:7-109, DR:9-

101(C); EC:9-2, EC:9-4; LE Op. 190, LE Op. 623, LE Op. 624, LE Op.

676, LE Op. 750 and LE Op. 845]


Committee Opinion May 1, 1987




See also LE Op. 1334.