Advisory Opinion: 1566

Year Issued: 1994

RPC(s): RPC 1.7(b); 1.8(i)

Subject: Conflict of interest; lawyer representing criminal defendants married to city attorney

I have been instructed by the Rules of Professional Conduct Committee to respond to your recent ethics inquiry regarding the potential conflict of interest between yourself and your husband. [The inquiring lawyer is in private practice in a city for which her husband is city attorney.]

The Committee discussed the situation you described and was of the opinion that if you are appointed by the Court to represent criminal defendants, then you must comply with RPC 1.7(b) and RPC 1.8(i). If your husband has no connections with a particular case, then representation under RPC 1.8(i) may not be a problem. If your husband has connections to a particular case, then you examine what your duties are under RPC 1.7 and RPC 1.8.

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.