Can a lawyer withdraw from representing one client and then represent another client against him in an unrelated dispute?

Plain-English summary

A lawyer had represented an individual and that individual's corporate interests for many years. The continuing client referred new individual clients to the lawyer, and after the new representation began, a dispute arose between the continuing client and the new clients that did not involve any of the existing representations. The lawyer asked whether he could ethically discharge the new clients as to their representation and then represent the continuing client in the dispute.

Accepting the lawyer's statement that the new dispute had no relationship to his representation of any of the clients and that he had received no information from the clients to be discharged about the matter, the committee found no ethical objection to the proposed conduct. It noted the situation was substantially similar to Opinion 70-52 and that the lawyer should be guided by DR 5-105, which concerns refusing to continue employment if another client's interests may impair his independent professional judgment. It also directed his attention to DR 2-110 on withdrawal from employment, since terminating the attorney-client relationship had to occur within that framework.

Currency note

This opinion was issued in 1971, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility (DR 2-110, 5-105), the subject matter of which is now addressed by Rule 4-1.7 (conflicts of interest) and Rule 4-1.16 (declining or terminating representation). Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can a lawyer drop one client to represent another against him?

A: Under this opinion, yes, where the dispute is unrelated to the lawyer's representation of either client and the lawyer received no information about the dispute from the client being discharged.

Q: What conditions did the committee attach?

A: The opinion conditions the conclusion on the dispute having no relationship to the existing representations and on the lawyer not having received information about the dispute from the client to be discharged, guided by DR 5-105.

Q: Does the lawyer still have to follow the withdrawal rules?

A: Yes. The opinion directs the lawyer's attention to DR 2-110, requiring that termination of the attorney-client relationship occur within the withdrawal framework.

Background and rules framework

The opinion applied DR 2-110 (withdrawal) and DR 5-105 (conflicts) of the former Code of Professional Responsibility. That subject matter is now addressed by Rule 4-1.7 (conflicts of interest) and Rule 4-1.16 (declining or terminating representation). The Model Rule analogues are Rules 1.7 and 1.16.

Citations and references

Rules of Professional Conduct:

• DR 2-110; DR 5-105 [Code of Professional Responsibility; subject matter now in Rules 4-1.7 and 4-1.16]

Other opinions cited:

• Florida Opinion 70-52: substantially similar question on withdrawing to represent one client against another.

See also

• FL Bar Ethics Op. 70-58: Insurer-Paid Counsel and a Coverage Conflict
• FL Bar Ethics Op. 72-7: Joint Consultation, Driver-Passenger Conflict
• FL Bar Ethics Op. 71-18: Suing an Unrelated Former Client

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-70-57/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-70-57-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 70-57
January 8, 1971
Advisory ethics opinions are not binding.
If a dispute that arises between an attorney's clients has no relationship to the attorney's representation of either party and the attorney has received no information in regard to the dispute, the attorney may withdraw from representing one client and thereafter represent the other in the dispute.
CPR: DR 2-110, 5-105
Opinion: 70-52
Chairman Massey stated the opinion of the committee:
A member of The Florida Bar has represented an individual and the individual's corporate interests for many years in a continuing relationship. Certain new individual clients were referred to the attorney by the continuing client and after representation of the new clientele had begun, a dispute arose between the continuing client and the new clients, which dispute did not involve the existing representation of any of the parties. The attorney inquires whether he may ethically discharge the new clients in respect to the representation undertaken and thereafter represent the continuing client as to the dispute mentioned.
Accepting the inquirer's statements as they pertain to the new dispute between the clients having no relationship to the attorney's representation of any of the clients and his not having received information from the clients to be discharged as to the matter over which the new dispute exists, there is no ethical objection to the proposed conduct. This is substantially similar to the inquiry found in Florida Opinion 70-52, and the attorney should be guided by CPR DR 5-105 as it relates to refusing to continue employment if the interests of another client may impair his independent professional judgment.
The inquirer's attention is also directed to CPR DR 2-110 involving withdrawal from employment, as the termination of the attorney-client relationship must be within its framework.