Advisory Opinion: 1449

Year Issued: 1992

RPC(s): RPC 1.8(i); 1.10(a)

Subject: Conflict of interest; lawyer's spouse represents opposing party


The Committee reviewed your inquiry concerning a possible conflict of interest where you are employed as a public defender and your fiance anticipates becoming employed in the criminal division of the City Attorney's Office. The committee was of the opinion that RPC 1.8(i) would prohibit you from representing a party in a matter in which your spouse represented the City except upon consent of the client after consultation regarding your relationship. The Committee was further of the opinion that that disqualification would not be imputed to either of your law firms since that is not one the rules specifically cited in RPC 1.10(a).

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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.