Opinion 1158

Subject: Conflict of interest; representation of wife where law firm previously represented husband in unrelated criminal charge

[The lawyer represented the wife in a dissolution matter. The lawyer's partner had previously represented the husband in defense of a criminal assault charge in which the husband was alleged to have struck a tenant in an apartment owned by the husband and wife.] The Committee reviewed the inquiry submitted by you and based upon the facts as set out in that inquiry, agreed with your analysis of your obligation under RPC 1.9 and that there is no conflict of interest to prevent you from continuing to represent your 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.