94 N.J.L.J. 483
June 3, 1971
Conflict of Interest -
Action Against Former Client
The inquirer was formerly the attorney for a corporation. Some of his duties consisted of representing the corporation in workmen's compensation matters. Recently, having left the employ of the corporation, he has been representing employees of the corporation who had previously made claims against the corporation while he was the corporation's attorney and are now seeking additional compensation on the grounds of increased disability from the same injury. The attorney asks whether it is proper for him to represent these employees under these circumstances.
To state the question is to indicate the answer. The attorney has previously represented the corporation in proceedings involving these same employees and has had access to the corporation's files dealing with the employees' injuries. Clearly he may not now represent these same employees in actions against his former client. See our Opinions 6, 86 N.J.L.J. 718 (1963), and 97, 89 N.J.L.J. 507 (1966).