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We attorneys can parse these ideas but our clients don't. Offending a present or former client with conduct that does not appear ethical is to be avoided. Prudence dictates that we don't go there. Peter J. Daniels
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Subject: [cdcbaa] State Bar Ethics Opinion on Conflicts of Interest in pro bono Ch 7 rep
Date: Tue, 3 Mar 2015 15:38:24 -0800
Of limited application, but worth reading.
Concurrent Representation of Bankruptcy Debtor and Creditor May Be Permissible in Limited Situations
In a recent opinion, the State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) reached the conclusion that in a certain specific factual scenario, an attorney can represent a debtor in bankruptcy even if the attorney also represents a creditor of the debtor in an unrelated matter. While the opinion is important for its recognition that the representation of two clients under this scenario does not create a conflict of interest, of equal importance is the opinion’s discussion of how slight changes in the factual situation could create a disqualifying conflict of interest. Attorneys who practice in this area should review the opinion and recognize how to evaluate the facts involving the representation to determine if a potentially disqualifying conflict may exist. (more)
http://ethics.calbar.ca.gov/Ethics/Opin ... esent.aspx
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: (626) 449-8433
Fax: (626) 449-0565
pat@fitzgreenlaw.com
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