Does a private criminal-defense lawyer have a conflict of interest when the lawyer's spouse is the city attorney for the same city?

Plain-English summary

A lawyer in private practice, whose husband is the city attorney for the city in which she practices, asked about the potential conflict of interest between herself and her husband. The committee discussed the situation and was of the opinion that if she is appointed by the court to represent criminal defendants, then she must comply with RPC 1.7(b) and RPC 1.8(i).

The committee made the analysis turn on whether the spouse is connected to the particular case. If the husband has no connection with a particular case, then representation under RPC 1.8(i) may not be a problem. If the husband has connections to a particular case, then the lawyer must examine her duties under RPC 1.7 and RPC 1.8.

Currency note

This opinion was issued in 1994, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Is a defense lawyer married to the city attorney automatically conflicted out?

A: The committee did not state a per se bar. It said the lawyer must comply with RPC 1.7(b) and 1.8(i), with the analysis depending on whether the spouse is connected to the particular case.

Q: What if the spouse has no connection to a particular case?

A: The committee said that if the husband has no connection with a particular case, then representation under RPC 1.8(i) may not be a problem.

Q: What if the spouse is connected to the case?

A: The committee said the lawyer must then examine her duties under RPC 1.7 and RPC 1.8.

Background and rules framework

The opinion applied RPC 1.7 (ABA Model Rule 1.7), the current-client conflict rule, and RPC 1.8(i) (ABA Model Rule 1.8), which addresses a lawyer related to another lawyer involved in the matter. The committee treated the spouse's connection to the specific case as the factor that determines whether the marital relationship creates a conflict the lawyer must address.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.7 (conflict of interest; current clients); Washington RPC 1.7, 1.7(b)
• ABA Model Rule 1.8 (current-client conflicts; lawyer related to opposing lawyer); Washington RPC 1.8, 1.8(i)

See also

• WA Ethics Op. 1555: Prosecutor Married to a Probation Officer
• WA Ethics Op. 1097: Representing Both Spouses in a Criminal Case

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=647

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1566
Year Issued: 1994
RPC(s): RPC 1.7(b); 1.8(i)
Subject: Conflict of interest; lawyer representing criminal defendants married to city attorney

I have been instructed by the Rules of Professional Conduct Committee to respond to your recent ethics inquiry regarding the potential conflict of interest between yourself and your husband. [The inquiring lawyer is in private practice in a city for which her husband is city attorney.]

The Committee discussed the situation you described and was of the opinion that if you are appointed by the Court to represent criminal defendants, then you must comply with RPC 1.7(b) and RPC 1.8(i). If your husband has no connections with a particular case, then representation under RPC 1.8(i) may not be a problem. If your husband has connections to a particular case, then you examine what your duties are under RPC 1.7 and RPC 1.8.