OPINION 65
March 1953

CONFLICTING INTERESTS—CONFIDENCES OF A CLIENT—A member of a law firm may not represent a public utilities company before a city governing body while a member of the same firm serves the same city government body in a legal advisory capacity.

Canon 6, 34.

Question

Is it a violation of law or any Canon of Ethics for a Texas lawyer who is member of a law firm to represent a public utilities company before a city governing body, i.e. city council, while a member of the same law firm serves the same city governing body in a legal advisory capacity, i.e., city attorney?

Opinion

It is the opinion of this committee that such a representation would constitute a violation of Canon 6, which prohibits the representation of conflicting interests. Several members were also of the opinion that such representation would also violate Canon 34. All the members are definitely of the opinion that the acts of one partner are the acts of the partnership, and that members of a partnership should not divide their loyalties and interests. (9-0)