Opinion 115
Question Presented
For several years Attorney A represented the guardian of an estate and received compensation for his services from the estate. A subsequently appointed guardian has contested the accounts of the first guardian. Would it violate the Canons of Ethics for A to represent the first guardian in this controversy?
18 Baylor L. Rev. 240 (1966)
CONFLICTING INTERESTS - REPRESENTING FORMER GUARDIANS
Representing a former guardian is administering an estate does not preclude an attorney from representing such guardian in a suit by a subsequently appointed guardian for contest of accounts.
Canon 6.
The committee is of the opinion that it would not violate the Canons of Ethics for Attorney A to represent the first guardian in the described controversy. One member expressed the view that A might be in position to use knowledge gained in his confidential capacity against the estate, although this situation is not indicated by the meager statement of facts furnished to the committee, in which case A should decline to represent the first guardian in view of Canon 6. (7- 1)
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 115 (1955)