COM 0637.002 1996-1998 - Laserfiche WebLink

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\ ~ Duane W.N. Pang, Bsq. September l7, 1993 Peg• L (representation of clivnc• whose interests cry adverse permiesiDle when intvrest¦ ar• pQtentielly conflicting). 8. Workers' ComcgDsaeion Netter. You independently inquire whether a conflict of lnteryrt mould arise In connection with yyoour Department's sisaultaneou• defense of one of the Defendants in the federal lawsuit whtly taking a position adverse to that Defendant on Dehal! of the City 1st defending agalnat the indlvidual'¦ workers' compensation claim. As stated in InternstiorLl usiaeas Neohines Cpro. v. I,ey1A 579 p.2d 271 (]d Cir. 1478), wherv_ehe reletionehip between an attorney and hie or her client„is an active and existing one, advoree reprveyntativn is crime ~egy( improper. ;rgq genereli~v, )qQ,p~ v. Fona, 60 Hew. 601, S9] P..7d 386 (1979). Problems initially raised in such situations relate to the deletsriou• effect upon the attorney's independenoe of ijudgment, loyslty, and vigor in hie or her representation of One eiient sgniaet another. While a lawyer may vtJfically by able to continue to repreeene, in unrelated matters, elienta who are adverse to each other in e separate case, the situation changes where the lawyer beoamee involved on behalf of one client in direct opposition to the other client. The conflict at that point Deeomea actual rather than potential, end (aa diaeusssd in Section T.A. above) waiver of the conflict by either or both elienta is inadequste to permit the lawyer's further involvement on behalf of each client. The adversity betirtwn `Chb -City and thy Defendant on the Defendnnt'a vrorkere' compensation claim nvgetea the City's abiliiy. to ethically continue •imultanyous r6pzvwntetion of that Defendant- in the federal lawsuit. Your letter raises, howyver, a !actual issue dssysvinq of further diecusoion. You state in yyoour letter shat the Deputy In your Departmeat who will be defending the City against the Defendnnt'a vorkore' compensation claim ie housed in a building which i¦ physically separate from yours. 2n ur follow-up telephony convareation with is.. Y.urphy, you state that your office consists of four separate divisions coneletinq of 33 nttorneya, the majority of whoas cry housed in City Hall. Diviaien ¦enff meetings include only the attorneys of that particular division. You cry aasignsd to the Trials Divleion of your Department, while the attorney handllriq the undsrlyiaq workers' compensation matter is assigned to a separate division. In State v. IClettan f, Tl Nar..399, 601 P.2d 3~8 (1990), the Buprems Court permitted the Department of the 1ttorney General to