Opinion 1420

Subject: Conflict of interest; husband and wife represented in personal injury case file for dissolution and disagree on distribution of proceeds from personal injury case

The Committee reviewed your inquiry concerning a situation in which you are representing a husband and wife in a personal injury matter, including a claim for loss of consortium on behalf of one spouse and while that matter is pending, the spouses file for dissolution of their marriage. The parties dispute how the proceeds of the personal injury claim are to be distributed. You ask what your ethical obligations are.

The Committee was of the opinion that in such a situation the lawyer could continue to represent both parties on the underlying personal injury claim, but if they could not agree on the distribution of the proceeds, they should be referred to separate individual counsel regarding that dispute.

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.