LEO: Multiple Representation: Representation  LE Op. 957


Multiple Representation: Representation of One

Adverse in Related Matter.


August 2, 1987


An attorney was appointed as guardian ad litem for a child whose custody

is in dispute stemming from the illegal actions of the former Executive

Director of the Department of Social Services. The attorney's firm also

represents the former Executive Director in his wrongful discharge action

against the DSS. The committee opined it would be improper for the

attorney to continue representing both parties under the circumstances.

DR:5-105(B) provides that a lawyer shall not continue multiple employment

if the exercise of his independent professional judgment in behalf of his

client will be or is likely to be adversely affected by his representation

of another client except as provided in DR:5-105(C). DR:5-105(C) would

permit such representation if it is obvious he can adequately represent

the interests of each and if each consents after full disclosure. The

attorney's role as guardian ad litem for the child prevents him from

receiving the needed consent because he would in effect be consenting to

his own representation. [ DR:5-105(B), (C); EC:5-15]


Committee Opinion August 2, 1987