Formal Opinion 44.
Veterans' Administration Attorney
(1956)

The following question was recently submitted to the Ethics Committee for an opinion.

"Can an attorney for the Veterans' Administration legally and ethically represent the guardian of an estate of an incompetent who is receiving a pension from the Veterans' Administration?

"A is a disabled veteran receiving a pension from the Veterans' Administration; B is the regularly appointed guardian of A's estate. The question then is, can an attorney employed by and in the service of the Veterans' Administration, represent B, as his attorney, before the court in preparation and presentation of B's accounts and other matters requiring legal counsel?

"It would seem that because of the possible conflict of interest between the Veterans' Administration and the guardian, that the attorney could not act as an attorney for the guardian of the estate; however I should like to have an expression of opinion from the committee."

Assuming that the attorney for the Veterans' Administration is otherwise entitled to practice law in the State of Washington, it seems to the Committee that if the estate, under his direction, has not prosecuted or is not prosecuting any claims against the United States in violation of 18 U.S.C Section 283, the attorney in question is entitled to represent the guardianship. The mere possibility that a conflict might occur in the future with the Veterans' Administration, is not sufficient to disentitle him to represent the estate at the present time. The moment, of course, an actual conflict of interest arises it is his duty to withdraw from representation of the estate, taking appropriate steps to have other counsel selected.

On the facts stated, the situation appears to be no different from that of any attorney representing a number of clients. He is not required to withdraw from representation because of a possibility of conflict at some time in the future, but needs to withdraw only when the actual time of conflict arises, after taking suitable steps to see to it that no one's rights are prejudiced by the withdrawal.