Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-06

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-06

Conflicts: multiple clients, representing more than one client against the same defendant


You state that you (Lawyer #1) were retained to defend A against a traffic charge arising out of an automobile accident and the civil suit which was brought against A by Plaintiff B resulting from this accident. As a result of your representation, A was acquitted of the traffic charge and the suit brought by Plaintiff B was settled through Plaintiff B's attorney, (Lawyer #2) for $4,000.

Approximately, eighteen months later, Lawyer #3 has filed a motion to set aside the settlement on behalf of Plaintiff B and reopen the civil suit on the grounds that Lawyer #2 was not authorized to settle B's case and stole the settlement funds. A partner in your firm has now been retained to represent the Wife of Lawyer #2 against criminal charges of forgery and uttering with Lawyer #2 in a matter unrelated to the civil case involving A and B. You ask whether or not your representation of the Wife of Lawyer #2 would be a conflict of interest if the civil case between A and B is reopened.

As you may be aware, ""While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so . . . [because of a conflict of interest]."" Maryland Rule 1.10 of the Code of Professional Conduct. Therefore, if a conflict of interest exists due to your past or future representation of A, then your partner may not represent the Wife of Lawyer #2.

At the present stage of the proceedings in both legal matters handled by your office, the Committee has been provided with no facts which connect your representation of A against B and your partner's representation of the Wife of Lawyer #2 in the criminal case. However, if you or your partner become aware of facts which could subsequently be used to the disadvantage of either client, A or The Wife of Lawyer #2, then a conflict of interest will arise. For example, if information is discovered linking the Wife of lawyer #2 to the events which resulted in A's settlement being declared void, then your firm would be required to withdraw from representing both clients in accordance with Rule 1.16(a). Rule 1.16 requires the termination of legal representation where a conflict of interest has arisen. Further, Rule 1.9 states: ""A lawyer who has formerly represented a client in a matter shall not thereafter: (b) use information relating to the representation to the disadvantage of the former client. . .""

At this stage of your representation of the Wife of Lawyer #2, you should ascertain whether there is any likelihood that this client will be connected to the facts surrounding her husband's representation of Client B which could be used to her detriment.

If your inquiry uncovers no information which could lead to a conflict of interest, then the Committee is of the opinion that your firm may represent both clients in their respective cases.


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