January 1955

POTENTIAL CONFLICTS OF INTEREST - Because of a potential conflict of interest in a suit for damages, an attorney should not represent the former wife of a deceased party, who is the mother of minor children of the deceased and who has not re-married, while at the same time representing the deceased's widow.

Canon 6.


Would it violate the Canons of Ethics for an attorney to represent the widow of a deceased relative in a civil suit for damages and also represent a former wife of the deceased party who had not remarried and who is the mother of two minor children of the deceased?


The committee is of the opinion that, since a potential conflict exists between the rights of the widow and those of minor children, it would violate Canon No. 6 for one attorney to represent all the parties. (8-1)