Dear Ethics Lawyer

This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.

Question: I represent a company in their employment matters. A new suit names the company and its vice president as defendants, alleging that the vice president committed an act of sexual harassment against the plaintiff for which both are liable. Believing that the company would be vicariously liable for the VP's actions anyway, and to save costs, the company's general counsel asked me to represent both parties. Accordingly, I immediately entered an appearance in the case for both parties to obtain an extension of time, and then began to interview witnesses in order to understand the facts and formulate a strategy.