Opinion 1742

[The inquiry concerned] whether a lawyer is precluded from continuing to represent the husband in a divorce proceeding when you had previously represented his wife. Your representation of the wife was limited to preparation of an already agreed Motion and Order for Temporary Modification between her and her former husband. This representation was concluded two years prior to the wife's marriage to your current client.

It was the Committee's opinion that you will not violate the RPCs by representing the husband in the matter of his divorce. Because there is no conflict of interest in your representation of the husband, you do not need the wife's approval to continue representing him. To the extent that the wife communicated any information to you which is protected by attorney-client privilege, you must keep any such information confidential. RPC 1.6, 1.9.

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.