Is it a violation of the Texas Disciplinary Rules of Professional Conduct for a lawyer to represent an individual debtor in a bankruptcy proceeding in Texas in which one of the creditors in the proceeding is a client the lawyer currently represents in other bankruptcy and non-bankruptcy matters that do not involve the individual debtor? Would the answer be different if the lawyer represented the creditor in the past in other unrelated matters but does not currently represent the creditor?
A lawyer is asked to represent an individual debtor in a bankruptcy filing in Texas in which one of the debtor’s creditors is a client the lawyer represents as a creditor in other bankruptcy and non-bankruptcy matters, all unrelated to the debtor. The lawyer has examined the debtor’s bankruptcy case and the matters in which he represents the creditor and has determined (1) that the debtor’s bankruptcy case and the creditor’s matters do not involve substantially related matters in which the debtor’s interests are materially and directly adverse to the interests of the creditor and (2) that the lawyer’s representation of the debtor will not be adversely limited by the lawyer’s or his law firm’s responsibilities to the creditor or to a third person or by the lawyer’s or his firm’s own interests. The creditor has not given consent to the lawyer’s representation of the debtor in the bankruptcy case.
Tex. Comm. On Professional Ethics, Op. 645 (2014)