061220 OHEO, ETH 2020-04

• Case Date: June 12, 2020
• Court: Ohio

ETH 2020-04 Opinion 2020-04 Withdraws Adv. Op. 88-021 Ohio Ethics Opinion Board of Professional Conduct June 12, 2020           D. Allan Asbury, Senior Counsel           Kristi R. McAnaul, Counsel           Patricia A. Wise, Vice- Chair.           Richard A. Dove, Director.          Concurrent Representation of Clients With Disparate Interests Involving the Same Matter          SYLLABUS: A law firm must withdraw from the concurrent representation of multiple clients or seek their informed, written consent when the clients’ disparate interests as to the outcome of the same matter materially interferes with the firm’s lawyers’ independent professional judgment in representing either client.          QUESTION PRESENTED: Whether a law firm that is contracted to a public entity to provide general legal services on an as needed basis may represent a group of landowners opposed to a zoning variance sought by an independent entity that the public entity finances, monitors, and evaluates pursuant to state law.          APPLICABLE RULES: Prof.Cond.R. 1.7, 1.10          OPINION           Hon. John W. Wise, Chair.          The requesting law firm has a one-year contract with a community mental health board (“board”) to provide legal services on an as needed basis. The board contracts with an agency to provide services and facilities for domestic violence victims in the area. The agency is seeking a land use variance for a shelter for domestic violence victims. The law firm also represents a group of landowners that is opposed to the agency’s plans to locate a shelter in their neighborhood. The board supports the agency's efforts to locate the shelter in the neighborhood and seek appropriate zoning variances. It finances, monitors and evaluates the agency's activities pursuant to Oh. Rev. Code §340 et. seq. Based on the facts presented, it is assumed for purposes of this opinion that the board has not requested legal advice or services from the law firm concerning the zoning variance request by the agency.          A law firm’s decision to engage...