Opinion 368

The fact underlying this opinion request are as follows:    A has brought suit against B, C and D. One of the defendants, B, is a partner in a law firm. B has requested one of his partners to represent him in the litigation. There is no question but that B will be a material witness in the litigation and will be called upon to testify with regard to many of the contested allegations in the suit. The areas of law involved in the litigation is rather narrow and the partner B has requested to represent him has had some experience in the field. Also, because of their relationship, B has particular confidence in the partner he has requested as his attorney and he would also clearly prefer not to go outside his own law firm. While the partner in B's firm will only represent B, B's firm may receive fees from a fund controlled by another defendant. The question has been raised as to whether the representation of B by one of the members of his firm is the type of conduct or activity proscribed under the above referenced canon contained in the present Code of Professional Responsibility. A subsidiary question is whether the result would be different if B's firm were to receive no compensation for the activities of its partner in behalf of B?