Advisory Opinion: 1097

Year Issued: 1987

RPC(s): RPC 1.7

Subject: Conflict of interest; representation of both husband and wife in separate domestic violence cases against each other

The Committee was of the opinion that the representation of both a husband and wife in separate criminal domestic violence cases against each other by one lawyer would constitute a violation of the Rules of Professional Conduct in that there would be a conflict of interest because the lawyer would either be in a position of having to condone perjury by one client, or expose one client to liability for criminal conduct. Therefore, the Committee was of the opinion the lawyer could not meet the requirement in RPC 1.7(a)(1), that the lawyer "reasonably believes the representation will not adversely effect the relationship with the other client."

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.