Opinion 244
Question Presented
F regularly represents X. X and his employee Y were both injured in a car collision between a car driven by X and one driven by Z. X carries workmen's compensation insurance. X and Y both request that F represent Y against the compensation insurance carrier and that F also represent both X and Y in collecting their damages from Z. F has disclosed fully to X and Y the facts bearing upon possible conflicting influences and interests. Is it professionally proper for F to represent X and Y as requested?
18 Baylor L. Rev. 322 (1966)
CONFLICTS OF INTERESTS - EMPLOYMENT - REPRESENTATION OF EMPLOYEE AND EMPLOYER
It is not improper, provided full disclosure is made, for an attorney to represent the employee in his workmen's compensation claim and also to represent both employee and employer in a personal injury case against a third person arising out of the same mishap.
Canon 6.
Assuming that F has fully disclosed all pertinent facts (such as his past relationship with X and such as any possible effect that a recovery by Y against the compensation carrier may have of increasing the premiums or assessments payable by X for compensation insurance), it is not improper under Canon 6 for F to undertake the employment in question. (9-0.)
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 244 (1961)