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Conflict of interest or ethics violation?

Madison, WI |

Attorney 1 represents one individual but his partner in the same firm represents another individual. Would it be conflict of interest if the partners client has to testify in attorney 1 case?

Attorney Answers 2


  1. Much more specific information is needed for a meaningful answer. It depends on what the client of attorney #2 is testifying about. If attorney #1 represents a businessman and attorney #2 represents that businessman's accountant, there would be no conflict about the accountant testifying on behalf of the businessman in a case against some unrelated party. If the accountant were asked to testify against the interest of the businessman and on behalf of an adverse party in attorney #1's case, there might well be a conflict for the law firm.

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  2. Are the interests of individual 1 and individual 2 in conflict about this testimony? If so there appears to be a conflict of interest on the representation. Attorney 1 would not be able to question individual 2 adversely.

    A definitive answer, if available, would depend on far more facts than you have given here.

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