Advisory Opinion: 1240

Year Issued: 1988

RPC(s): RPC 1.9; 1.10(c)(2)

Subject: Conflict of interest; imputed disqualification; wife consulted with former associate of firm that now represents husband

The Committee reviewed your inquiry concerning a possible conflict of interest concerning your representation of a husband in a marriage dissolution proceeding where the wife had previously apparently consulted briefly with a former associate in your law firm. From the facts presented, it appears that other than that brief consultation, the wife never became a client of the firm and that your firm has no files or other records regarding that consultation.

Therefore, based upon the facts presented, the Committee was of the opinion that because your law firm is in possession of no confidences or secrets of the wife, since the attorney with whom she consulted is no longer associated with your firm, there is no violation of RPC 1.10(c)(2) or any other applicable rule which would require you to withdraw from further representation of the husband.

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.