Could a wife's divorce lawyer also defend a third party sued by the husband over the same relationship?
Apply this to your situation
This page answers the general question as of 1973. Ask about yours and see what the current Nebraska Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The husband brought a marriage-dissolution action against his wife and separately sued a third party for alienation of affections and criminal conversation. The wife's dissolution lawyer was asked to defend the third party as well.
The committee concluded that the lawyer was not disqualified when the wife desired the additional representation and consented. Former DR 4-101(C)(1) allowed disclosure of client confidences or secrets with the affected client's consent after full disclosure.
Former DR 5-105(C) permitted multiple representation only if adequate representation of each client's interests was obvious and each client consented after full disclosure of the possible effect on the lawyer's independent professional judgment.
Currency note
This opinion was issued in 1973, before Nebraska's adoption of the 2005 Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.
Common questions
Q: What related proceedings were involved?
A: The husband sued for dissolution and also sued a third party for alienation of affections and criminal conversation.
Q: Did the wife object to the lawyer defending the third party?
A: No. The opinion states that she wanted the lawyer to undertake that defense.
Q: What did the former multiple-client rule require?
A: It had to be obvious that the lawyer could adequately represent each interest, and each client had to consent after full disclosure of the possible effect on independent professional judgment.
Background and rules framework
The opinion's brief analysis quoted former DR 4-101(C)(1) on consent to reveal confidences or secrets and DR 5-105(C) on adequately representing multiple clients after full disclosure and consent.
Citations and references
Former Nebraska Code of Professional Responsibility:
- DR 4-101(C)(1)
- DR 5-105(C)
See also
- Nebraska Ethics Op. 74-10: Estate foreclosure conflict
- Nebraska Ethics Op. 86-5: Related opposing lawyers and consent
- Nebraska Ethics Op. 87-4: Lawyer as escrow agent
Source
- Landing page: Nebraska lawyer ethics opinions archive
- Original PDF: Nebraska Ethics Advisory Opinion 73-13
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Nebraska Ethics Advisory Opinion for Lawyers No. 73-13
A LAWYER WHO HAS DEFENDED A WIFE IN A MARRIAGE DISSOLUTION ACTION BROUGHT BY HER HUSBAND, IS NOT DISQUALIFIED TO REPRESENT A THIRD PARTY WHO HAS ALSO BEEN SUED BY THE HUSBAND FOR ALIENATION OF AFFECTIONS AND CRIMINAL CONVERSATION, WITH THE CONSENT OF THE WIFE WHO DESIRES THAT HER LAWYER DEFEND THE THIRD PARTY.
DISCIPLINARY RULES APPLICABLE
DR 4-101(C) A lawyer may reveal:
(1) Confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them.
DR 5-105(C) In the situations covered by DR 5-105 (A)(B), a lawyer may represent the multiple clients if it is obvious that he can adequately represent the interests of each and if each consents to the representation after full disclosure of the possible effects of such representation on the exercise of his independent professional judgment on behalf of each.
Nebraska Ethics Advisory Opinion for Lawyers No. 73-13
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