Advisory Opinion:
1573
Year Issued:
1994
RPC(s):
RPC 1.6; 1.7(b); 1.8(a); 1.9
Subject:
Conflict of interest; marketing spouse's business to lawyer's clients
The Committee reviewed your inquiry concerning the extent to which your clients may become customers of your wife's business. Your letter raised a number of questions, such as whether you can post advertisements of your wife's business in your office; and whether you can provide access to your clients who are interested in your wife's business, either to purchase products or to "discuss the marketing aspect of the business with them".
The Committee was of the opinion that there were too many different possible scenarios conceivable in your letter to respond with specificity in each instance. However, the Committee was of the opinion that as a general rule, you would be required to comply with RPC 1.8(a), 1.7(b) and 1.9.
The Committee was of the opinion that a relationship between your current clientele and your wife's business would be subject to RPC 1.8(a), because you have a pecuniary interest in your wife's business. RPC 1.8(a) provides that the attorney "shall not enter into a business transaction with a client or knowingly acquire ownership . . . or other pecuniary interest adverse to a client" unless certain conditions are met, including full disclosure of the terms of the transaction, a reasonable opportunity for the client to seek the advice of independent counsel and consent of the client. Likewise, a relationship between your current clientele and your wife's business would be subject to RPC 1.7(b), which essentially provides that a lawyer shall not represent a client if representation may be materially limited by the lawyer's responsibilities to a third person (his wife) or his own interests without full disclosure and consent of the client.
Each of the foregoing rules apply to a present lawyer/client relationship. For clients in which your representation has concluded, you would be required to comply with RPC 1.9, which applies to former clients.
Needless to say, under any circumstances the identity of the client is a secret or confidence which could not be disclosed by you to your wife without the client's consent, RPC 1.6.
In summary, the Committee was of the opinion that with respect to your current clientele any relationship between your clients and your wife's business would be subject to the requirements of RPC 1.8(a) and 1.7(b) and that any relationship between your former clients and your wife's business would be subject to RPC 1.9.
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