May a city attorney represent either the city or another client when both may oppose each other in the same injury case?

Short answer The committee found a conflict arising from the lawyer's existing and past relationships with both clients and said the lawyer should withdraw from representing either in litigation involving them. It did not bar representation in unrelated matters where their interests did not conflict.
Bar
SBAND
Issued
January 21, 1987

Apply this to your situation

This page answers the general question as of 1987. Ask about yours and see what the current North Dakota Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under North Dakota Rule for Lawyer Discipline 1.2(B), a lawyer who acts in good faith and in reasonable reliance on a written opinion of the association's ethics committee is not subject to sanction for the conduct the opinion addresses. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A lawyer serving as city attorney also represented a person injured by a truck during city paving work. The lawyer expected a suit against the contractor and considered it likely the city would be named as a defendant. The committee considered whether the lawyer could represent one or both clients on opposite sides of that civil matter.

The committee found a clear conflict based on the lawyer's existing and past relationships with both clients. It said the lawyer should immediately withdraw from representing either client in litigation involving them. It expressly limited that conclusion: the lawyer could represent either client in unrelated matters where their interests did not conflict.

Currency note

This opinion was issued in 1987, before North Dakota's 2006 revisions to its Rules of Professional Conduct. The later North Dakota Opinion 06-05 states: “On August 1, 2006, material changes to N.D.R. Prof. Conduct 1.10(a) will take effect.” Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.

Common questions

Q: Could the lawyer continue representing either client in their shared litigation?

A: No. The committee said the lawyer should immediately withdraw from representing either client in litigation involving the two of them.

Q: Did the conflict extend to every other matter for both clients?

A: No. The committee said its conclusion did not prohibit representing either client in unrelated matters where their interests did not conflict.

Background and rules framework

The committee framed the issue as a conflict arising from existing and past relationships with two clients potentially on opposite sides of a civil matter. Its letter does not cite a numbered professional-conduct rule.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

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This opinion is from 1987. Ezel checks the current North Dakota Rules of Professional Conduct against your situation and cites the rules it relies on.

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