There is a rule (1.10) that says partners or associates in the same firm may not do anything that is prohibited for a single atty. So the fact that we are two separate attys provides no protection from any of the language that is applicable to one atty. That means all language applicable to one atty applies to a firm, as well. So we must be aware that either of our clients' stories could change, and we must not assume the truth of either. We can reason by analogy from the Legal Ethics Opinion below that although the posited situation does not now exist, if it changes, the conflict will not have been cured by prior consent. Note the last sentence. I recognize that this LEO is not specifically our situation. Therefore we have to anticipate that what this would require, should that occasion arise, is a withdrawal, which would then cause the client from whom we withdrew to have a cause of action against us with the bar, and in a malpractice suit. So we assume that risk even on assurances from our clients NOW that they're telling the truth. Just food for thought going forward. Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC | Virginia 888.970.0005 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. |