Opinion 180

A, an attorney, practicing in a community of approximately 5,000 for some 20 years, was employed by B, a banking institution and regular client of A, to file suit against C for the collection of a past due promissory note.

C formerly resided in such community, but has lived elsewhere for the past 2 or 3 years. A is well acquainted with C, his family and his entire background by virtue of living in the same community all of his life. A had been at various times, employed by C and C's family, principally in matters of little consequence. C and his family had also used other attorneys during all of this period of time. At the time such suit was filed, C was, and had been, for several years, using another attorney other than A. A had at no time been employed by C on a retainer basis.

Specific instances of A's employment by C are as follows:

1. In 1950, A examined the title to certain property purchased by C.
2. In 1951, A handled the probate of the will of C's father.
3. In 1955, A, representing both Buyer and Seller, handled the sale of certain properties belonging to C.

Does A violate any of the Canons of Ethics by filing and handling the suit for B, the banking institution, against C?