Opinion 903

The lawyer represented a husband and wife in a suit against a contractor for damages to the family home, and later learned his clients had filed for dissolution of marriage. The Committee was of the unanimous opinion that you must disclose to both of your clients that the commencement of the dissolution proceeding does create a conflict of interest between them in the action on the contract. You should disclose to them the nature of the conflict, specifically that the husband and wife may have differing interests in the outcome of that litigation and the potential performance on the contract or distribution of damages, and that that issue should be discussed by each of them with their own dissolution attorney. You should advise them that unless they each consent to your continued representation of either of them, after they have had the opportunity to consult their own counsel, that you will be required to withdraw from representing either of them.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.