Estate of Lucille Abbott Sexton, Deceased, Ann Sexton Peterson, Executor - Page 12




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          to which it had agreed.  Respondent contends that the parties               
          entered into a valid agreement and the circumstances of this case           
          do not warrant the setting aside of that agreement.                         
               The estate was represented by an attorney, who was serving             
          as a consultant for respondent on another case.  The estate                 
          contends that Mr. Harkavy was representing the IRS at the same              
          time he was representing the estate.  We have found that the two            
          cases were unrelated and that Mr. Harkavy did not “represent”               
          respondent in the unrelated case.  In particular, Mr. Harkavy               
          provided an opinion as to the rights of a partnership under                 
          agreements executed with the Community Redevelopment Agency                 
          regarding the construction of a 73-story office building.                   
               The estate contends that Mr. Harkavy’s relationship with               
          respondent was in violation of model rule 1.7 of the Model Rules            
          of Professional Conduct (ABA 2003).  Model rule 1.7(a) generally            
          provides that “a lawyer shall not represent a client if the                 
          representation involves a concurrent conflict of interest.”  In             
          particular, the estate relies on subpart (1) of model rule                  
          1.7(a), which provides that a conflict exists if “the                       
          representation of one client will be directly adverse to another            
          client”.  Under that provision, a conflict occurs only where the            
          representation of clients is directly adverse.                              
               While Mr. Harkavy had an attorney/client relationship with             
          the executor and estate, he did not have an attorney/client                 






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