FLORIDA BAR ETHICS OPINION
August 19, 1965
Advisory ethics opinions are not binding.
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.
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.