LEO: Conflict of Interest - Prior  LE Op. 961


Conflict of Interest - Prior Representation.


September 3, 1987


An attorney represents a client who is being sued by a construction

company for work allegedly performed by the construction company. The

attorney's firm has in the past prepared articles of incorporation for the

construction company, prepared the articles of incorporation and

organizational minutes for two other corporations for the president of the

construction company and continues to serve as registered agent for the

construction company. It is not improper, given the above, for the

attorney to represent his client in the suit. However, since the above

situation gives rise to an appearance of impropriety, the resignation of

the registered agent would be a condition precedent to representation of

the defendant. [Canon 9, Canon 5, Canon 4; see also Chantilly Construction

Corp. v. John Driggs Co., 39 Bankr. 466 (Bankr. E.D. Va. 1984)]


Committee Opinion September 3, 1987