120 N.J.L.J. 251
July 30, 1987
Conflict of Interest: Counsel
to County College Serving as
Counsel and Board Member to Bank
in which College's Funds are Deposited
The inquirer here is designated attorney for a county college.
He is also a member of the board of directors of a bank and counsel
to the bank in certain matters, not including customer related
matters. The bank is one of two depositories of funds of the county
college. The facts set out indicate that inquirer has assiduously
divorced himself on both sides from being involved in any
relationship between the bank and the college. Further,
depositories are chosen based upon a bidding process whereby the
highest bidders are chosen to be depositories. The issue posed in
the inquiry is:
Does a conflict of interest exist merely because an attorney represents two clients that have a continuing relationship with each other, but in which the attorney does not participate for either client in that relationship?
It is clear that no conflict exists by the simple reason that an attorney represents two clients who have a continuing relationship.