Legal Ethics Committee Adopts New Opinions

February 24, 2021

The D.C. Bar Legal Ethics Committee has issued Opinion 380 (Conflict of Interest Issues Related to Witnesses), which examines certain recurring conflict of interest scenarios related to witnesses who are current or former clients, including issuing subpoenas, advising on Fifth Amendment rights, and cross-examination. The opinion also discusses thrust-upon conflicts involving unforeseen witnesses and the imputation of conflicts across a firm. Finally, the opinion offers suggestions for anticipating, identifying, preventing, and resolving conflicts related to witnesses. 

The committee has also issued Legal Ethics Opinion 381 (Responding to Third-Party Subpoena), addressing the circumstances under which a lawyer’s representation of a prospective client in responding to a third-party subpoena about the lawyer’s existing client or former client creates a conflict of interest under Rules 1.7 or 1.9.