The Florida Bar
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PROFESSIONAL ETHICS OF THE FLORIDA BAR

OPINION 65-46
August 19, 1965

When an associate who has participated substantially in a law firm's representation of the employer-carrier in a controverted workmen's compensation matter leaves the firm to join the law firm representing the claimant, the second firm should withdraw from further handling of the claim unless both the employer-carrier and the claimant, after being fully informed of the facts, consent to the continued representation.

Canon: 6

Chairman Kittleson stated the opinion of the committee:

We assume that this inquiry falls within the policy of the Board of Governors that the Committee may render opinions only on matters pertaining to the inquiring lawyer's own proposed conduct. We are not authorized to advise the inquiring attorney concerning the conduct of another attorney.

B of law firm A & B represents a workmen's compensation claimant. E, an associate in law firm C & D, represents the employer and carrier in the same matter. The opposing attorneys, B and E, have discussed the positions of their respective clients; there is a controversy as to the claimant's degree of disability. Before the case is closed, E leaves the employ of C & D and becomes an associate of A & B. The question is: can law firm A & B continue to represent the claimant, assuming that E will not participate further in the matter, and will not reveal any information that he gained in his representation of the employer-carrier?

A majority of the Committee believes that A & B should withdraw from further handling of the claim unless both the adverse party and A & B's client, after being fully informed of the facts, consent to the continued representation.

[Revised: 08-24-2011]