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OBA Ethics Counsel

Ethics Opinion No. 130

Adopted December 28, 1936

The Board is in receipt of the following inquiry:

"In 1929, attorney 'B' represented an administrator in the institution of probate proceedings. Several months later 'B' withdrew as attorney for the administrator. A creditor of one of the heirs now wishes to collect a debt owed to him by the heir by proceedings against the heir's contingent share in the estate, and desires to employ 'B'. The probate proceedings have never been concluded.

Would it be proper for 'B' to accept the employment under the circumstances as above set forth?"

In response:

There is nothing in Rule 8 of the Rules of Professional Conduct which would render improper the acceptance of the employment by "B", nor is it thought that there is any reason why "B" should not accept the employment.