ETHICS OPINION 329-1935

NUMBER 329 1935

Question. A is the daughter of B. A married and has divorced her husband. During the negotiations for the support of A by her husband, an agreement was entered into whereby A’s father-in-law agreed to give to A a monthly allowance for her support. The father-in-law fulfilled his part of the agreement for many months and then violated the terms of said agreement. A has commenced an action against her former father-in-law to enforce the terms of said agreement. The father-in-law is represented by X, an attorney. This suit is at issue and undetermined. In the meantime A is being supported by her mother B. The father of A died many years ago and B remarried. B’s present husband (her second husband) has been declared incompetent, and B has been appointed the committee of his property. B, has consulted X with reference to retaining X to represent her as committee; and he is acting as her attorney.

In order to properly administer the estate of the incompetent and to properly represent the committee, it will be necessary for A to consult with X, the attorney, and it will be further necessary in proceedings relative to the incompetent’s estate for A to execute various affidavits to be prepared by X.

Would it be professionally proper in your Committee’s opinion for X to represent B as committee of the incompetent?

Answer. In the opinion of the Committee, there is substantial danger from the stated circumstances and relationships that the lawyer may be influenced by his duty to one to impair his fidelity to the other. For this reason, it is of the opinion that the new employment should not be continued.