Opinion 1380

The Committee reviewed your inquiry concerning a situation wherein you had been consulted by a man regarding possible representation in a criminal case, during which interview with you he was accompanied by his wife. Subsequently, you undertook to represent the wife in a marriage dissolution proceeding. The husband alleged that he had been a client of yours and therefore felt you should withdraw from representing the wife, which to avoid difficulty you did.
The Committee was of the opinion that you were correct to withdraw in the circumstances as you described them. The Committee was of the opinion that the husband had disclosed confidences and secrets to you which RPC 1.9 would prohibit you from using in now representing the wife. The Committee was of the opinion that this situation was not changed by the fact that you had allowed the wife to be present when the husband was disclosing confidences or secrets.

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.