Can a lawyer represent a husband in his divorce after having briefly represented his current wife in an unrelated earlier matter?

Plain-English summary

The inquiry concerned whether a lawyer is precluded from continuing to represent a husband in a divorce proceeding when the lawyer had previously represented the husband's current wife. That earlier representation of the wife was limited to preparing an already-agreed Motion and Order for Temporary Modification between her and her former husband, and it was concluded two years before the wife married the lawyer's current client.

The committee's opinion was that the lawyer will not violate the RPCs by representing the husband in his divorce. Because there is no conflict of interest in the representation of the husband, the lawyer does not need the wife's approval to continue. The committee added that, to the extent the wife communicated any information protected by attorney-client privilege, the lawyer must keep that information confidential, citing RPC 1.6 and 1.9.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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. Washington's cited rules correspond to ABA Model Rules 1.6 (confidentiality) and 1.9 (duties to former clients).

Common questions

Q: Can a lawyer represent the husband in a divorce after a brief earlier case for the current wife?

A: The committee concluded the lawyer will not violate the RPCs, because there is no conflict of interest where the prior matter was limited and unrelated.

Q: Does the lawyer need the former client wife's consent to continue?

A: No. The committee said that because there is no conflict of interest, the lawyer does not need the wife's approval to continue representing the husband.

Q: What duty does the lawyer still owe the former client?

A: The committee said that, to the extent the wife communicated information protected by attorney-client privilege, the lawyer must keep that information confidential.

Background and rules framework

The opinion applied RPC 1.9 (duties to former clients) and RPC 1.6 (confidentiality of information), corresponding to ABA Model Rules 1.9 and 1.6. The committee turned the conflict analysis on the limited, unrelated nature of the prior representation of the wife, finding no substantial relationship to the husband's divorce, while preserving the continuing duty to protect the former client's privileged information.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality of information); Washington RPC 1.6
• ABA Model Rule 1.9 (duties to former clients); Washington RPC 1.9

See also

• WA Ethics Op. 1773: Prosecuting a Former Client
• WA Ethics Op. 1778: Ex-Prosecutor on a Defense Appeal

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=933

Original opinion text

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

Advisory Opinion: 1742
Year Issued: 1997
RPC(s): RPC 1.6; 1.9
Subject: Conflict of interest; lawyer seeks to represent husband in dissolution when represented wife in prior dissolution

[The inquiry concerned] whether a lawyer is precluded from continuing to represent the husband in a divorce proceeding when you had previously represented his wife. Your representation of the wife was limited to preparation of an already agreed Motion and Order for Temporary Modification between her and her former husband. This representation was concluded two years prior to the wife's marriage to your current client.

It was the Committee's opinion that you will not violate the RPCs by representing the husband in the matter of his divorce. Because there is no conflict of interest in your representation of the husband, you do not need the wife's approval to continue representing him. To the extent that the wife communicated any information to you which is protected by attorney-client privilege, you must keep any such information confidential. RPC 1.6, 1.9.