Can one lawyer represent both a deceased man's widow and his unremarried former wife (the mother of his minor children) in the same damages suit?

Plain-English summary

The inquiry asked whether it would violate the Canons for an attorney to represent the widow of a deceased relative in a civil suit for damages and also represent a former wife of the deceased who had not remarried and who was the mother of his two minor children.

The Committee concluded that, since a potential conflict exists between the rights of the widow and those of the minor children, it would violate Canon 6 for one attorney to represent all the parties. The vote was 8-1.

Currency note

This opinion was issued in 1955, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could one lawyer represent the widow and the children's mother together under this opinion?

A: No. The Committee held it would violate Canon 6 for one attorney to represent all the parties, given the potential conflict (8-1).

Q: What was the source of the conflict?

A: A potential conflict between the rights of the widow and those of the deceased's minor children in the damages suit.

Background and rules framework

The opinion interprets former Texas Canon 6, the conflicting-interests provision of the Canons of Ethics of the State Bar of Texas, as applied to joint representation of parties with potentially competing claims in a damages suit. The modern analog is ABA Model Rule 1.7 (conflicts of interest).

Citations and references

Rules of Professional Conduct:

• MR 1.7 (conflicts of interest), as the modern analog
• Texas Canon 6 (conflicting interests)

See also

• TX Ethics Op. 123: Representing and Suing the Same Client
• TX Ethics Op. 115: Representing a Contested Former Guardian
• TX Ethics Op. 176: Drafting a Contract for Both Parties

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-111/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_111.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

Would it violate the Canons of Ethics for an attorney to represent the widow of a deceased relative in a civil suit for damages and also represent a former wife of the deceased party who had not remarried and who is the mother of two minor children of the deceased?

18 Baylor L. Rev. 239 (1966)

POTENTIAL CONFLICTS OF INTEREST
Because of a potential conflict of interest in a suit for damages, an attorney should not represent the former wife of a deceased party, who is the mother of minor children of the deceased and who has not re-married while at the same time representing the deceased's widow.

Canon 6.

The committee is of the opinion that, since a potential conflict exists between the rights of the widow and those of minor children, it would violate Canon No. 6 for one attorney to represent all the parties. (8-1)

Tex. Comm. On Professional Ethics, Op. 111 (1955)