Advisory Opinion: 1129

Year Issued: 1987

RPC(s): RPC 1.7

Subject: Conflict of interest; written consent; representation of wife in dissolution following representation of both spouses in estate planning

The Committee was of the opinion that where a law firm had previously represented a husband and wife in estate planning and a member of that firm is now asked to represent the wife in a dissolution proceeding, and the lawyer had met with the husband and obtained the husband's written consent to the representation of the wife by the lawyer, which written consent included the acknowledgement that the husband has the right and opportunity to seek legal counsel, the lawyer would not be obligated to withdraw when the husband later objected to that representation. However, the lawyer may have a duty to establish that the husband had appropriate consultation at the time of consent.

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.