OPINION 86
November 1953

CONFLICTING INTERESTS - GARNISHMENT - An attorney for plaintiff in a garnishment may represent the garnishee, provided the consent of all concerned is obtained after full disclosure of all the facts.

Canon 6.

Question

Would it be a violation of the Canons of Ethics for the attorney for plaintiff in a garnishment to file answer for the garnishee bank?

Opinion

The members of the committee are unanimously of the opinion that the attorney for plaintiff in a garnishment would violate Canon 6 if he files answer for the garnishee without the consent of all concerned, given after full disclosure of all facts. It is the opinion of the members of the committee that the attorney for plaintiff may ethically represent the garnishee after such consent is given. (10-0)