Advisory Opinion: 1467

Year Issued: 1992

RPC(s): RPC 1.7

Subject: Conflict of interest; representation of married couple in tort case where spouses are potentially adverse

The Committee reviewed your inquiry concerning representation of a married couple who were involved in a car crash. [One spouse was driving; that spouse and the other driver both blame each other for the accident.] The Committee understands that since making your original inquiry, you have ceased to represent the husband who has now been referred to other counsel. The issue now is whether you may continue to represent the wife. The Committee is of the opinion that RPC 1.7 would permit such representation provided that you have the written consent of both the husband and the wife.

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.