Can a lawyer sue a defendant in a personal-injury case while the lawyer's firm represents that same person as a comp claimant from the same collision?

Plain-English summary

The question was whether an attorney could prosecute a lawsuit against a defendant for personal injuries to the plaintiff arising from an automobile collision, when the attorney's firm represented that same defendant as the claimant in a workmen's compensation claim arising from the same collision.

The Committee answered no. It acknowledged that under some circumstances an attorney may sue a client, but the facts here presented a conflict of interests and a clear violation of Canon 6. The Committee cited Opinion 298 (May 1965) and Opinion 123 (January 1956). The ruling was 8-0.

Currency note

This opinion was issued in 1965, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Can a lawyer sue someone the firm currently represents in a different matter?

A: On these facts, no. The Committee said suing a defendant for personal injuries while the firm represented that same person as a comp claimant from the same collision was a clear violation of Canon 6.

Q: Is suing a current client always prohibited?

A: The Committee said that under some circumstances an attorney may sue a client, but that the facts of this inquiry, involving the same collision, presented a conflict of interests barred by Canon 6.

Q: Did it matter that the two matters arose from the same collision?

A: Yes. The shared collision tied the firm's representation of the claimant to the suit against him, which is what made the conflict clear.

Background and rules framework

The opinion interprets former Texas Canon 6, which made it unethical to represent conflicting interests. The modern analog is ABA Model Rule 1.7 (concurrent conflicts of interest), which generally bars a lawyer from suing a current client absent informed consent and the other rule conditions.

Citations and references

Rules of Professional Conduct:

• MR 1.7 (concurrent conflicts of interest), as the modern analog
• Texas Canon 6 (former canon)

Other opinions cited:

• Texas Opinion 298 (May 1965): a related conflict-of-interest ruling
• Texas Opinion 123 (January 1956): a prior ruling on suing a client

See also

• TX Ethics Op. 317: Conflicts From the Same Collision and a Former Associate Switching Sides
• TX Ethics Op. 326: Defending a Damage Suit After a Workers' Comp Defense in the Same Accident
• TX Ethics Op. 313: Imputed Conflict From a Partner Who Represented the Opposing Party

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-299/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_299.pdf

Original opinion text

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

QUESTION PRESENTED

May an attorney prosecute a lawsuit against a defendant for personal injuries to the plaintiff resulting from an automobile collision when such attorney's firm represents said defendant as the claimant in a workmen's compensation claim arising from the same collision?

18 Baylor L. Rev. 365 (1966)

CONFLICT OF INTERESTS - SUING A CLIENT WHILE REPRESENTING HIM IN ANOTHER CASE
It is unethical for an attorney, while his firm is representing a claimant in a workmen's compensation case, to prosecute a suit against such client for personal injuries to another person resulting from the same collision.

No. Although under some circumstances an attorney may sue a client, the facts of this inquiry present a conflict of interests and a clear violation of Canon 6. See Opinion 298 (May 1965) and Opinion 123 (January 1956). (8-0.)

Tex. Comm. On Professional Ethics, Op. 299 (1965)