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Opinion 682

Question Presented

Under the Texas Disciplinary Rules of Professional Conduct, may Texas lawyers in the same law firm represent a client in a lawsuit involving a dispute in which one of the lawyers is likely to be a fact witness?

A Texas lawyer assisted a client in drafting and negotiating a contract with another party represented by separate counsel. A lawsuit arose concerning the meaning of certain provisions in the contract. The lawyer drafted and negotiated those provisions. The lawyer’s client wants the lawyer and a trial lawyer in the same firm to represent her in the lawsuit. Both lawyers are attempting to ascertain whether they may do so, and if so, under what conditions, if any. 

Bluebook Citation

Tex. Comm. On Professional Ethics, Op. 682 (2018)