November 1961

CONFLICTS OF INTERESTS - EMPLOYMENT - REPRESENTATION OF EMPLOYEE AND EMPLOYER - It is not improper, provided full disclosure is made, for an attorney to represent the employee in his workmen’s compensation claim and also to represent both employee and employer in a personal injury case against a third person arising under the same mishap.

Canon 6.


F regularly represents X. X and his employee Y were both injured in a car collision between a car driven by X and one driven by Z. X carries workman’s compensation insurance. X and Y both request that F represent Y against the workman’s compensation insurance carrier and that F also represent both X and Y in collecting their damages from Z. F has disclosed fully to X and Y the facts bearing upon possible conflicting influences and interests. Is it professionally proper for F to represent X and Y as requested?


Assuming that F has fully disclosed all pertinent facts (such as his past relationship with X and such as any possible effect that a recovery by Y against the compensation carrier may have of increasing the premiums or assessments payable by X for compensation insurance), it is not improper under Canon 6 for F to undertake the employment in question. (9-0.)