Ezel / Ethics Opinions / VSB
VSB November 13, 1984

Can a lawyer handle a case against a client whose opposing counsel is the lawyer's spouse, and can another lawyer in the same office take it instead?

Short answer: The committee concluded a staff attorney may not represent a client in a child support matter when the opposing party is represented by the staff attorney's spouse, but another attorney in the same office may, if the relationship is disclosed and the client consents. It was decided under Virginia's former Code of Professional Responsibility.

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This page answers the general question as of 1984. Ezel answers yours: whether it's allowed on your facts, under the current Virginia Rules of Professional Conduct, with citations.

Currency note: this opinion is from 1984
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The committee considered a child support matter in which the client's husband was represented by a private attorney, and that private attorney was married to a staff attorney in the law office representing the client. The committee concluded it was improper for the staff attorney who is married to the opposing private attorney to represent the client.

The committee further concluded that it was not improper for another attorney on the same staff to represent the client, so long as the relationship between that other staff attorney's colleague and the adverse party's private attorney was disclosed and the client consented, citing DR 5-101(A) and LE Op. 185, LE Op. 190, and LE Op. 556.

Currency note

This opinion was issued in 1984, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that current Rule 1.8(i) now allows related lawyers to be directly adverse to one another if the clients consent. 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 mentioned here.

Common questions

Q: Can a lawyer take a case against a client whose lawyer is the lawyer's own spouse?

A: Under this 1984 opinion, the staff attorney married to the opposing private attorney could not represent the client; the committee found that direct representation improper.

Q: Could a different lawyer in the same office handle it?

A: Yes. The committee concluded another attorney on the same staff could represent the client if the relationship was disclosed and the client consented.

Q: How would current rules treat related lawyers on opposite sides?

A: The committee note states that current Rule 1.8(i) allows related lawyers to be directly adverse to one another if the clients consent.

Background and rules framework

The opinion applied the former Code's DR 5-101(A), the personal-interest conflict rule, to a marriage between opposing counsel. The committee distinguished the lawyer who is personally married to the adverse attorney from other lawyers in the same office, for whom disclosure and client consent could cure the conflict. The committee note maps the question onto current Virginia Rule 1.8(i) on related lawyers, corresponding to ABA Model Rule 1.8 and the conflict principles of Model Rule 1.7.

Citations and references

Rules of Professional Conduct:

  • DR 5-101(A) (personal-interest conflict) (former Code)
  • Virginia Rule 1.8(i) (related lawyers; cited in the committee note)
  • ABA Model Rule 1.7 / Model Rule 1.8 (conflicts of interest; related lawyers)

Other opinions cited:

  • Virginia LE Op. 185
  • Virginia LE Op. 190
  • Virginia LE Op. 556

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LEGAL ETHICS OPINION 619

CONFLICT OF INTEREST- ATTORNEYS IN FAMILIAL RELATIONSHIPS.

It is improper for an attorney on the staff of a law office to represent a client in a child support matter when the client's husband is represented by a private attorney who is the spouse of said staff attorney.

It is not improper for another attorney on said staff to represent the client in the above situation so long as disclosure is made of the relationship between the other staff attorney and the adverse party's private attorney and consent of the client is obtained. [ DR:5-101(A), LE Op. 185, LE Op. 190, LE Op. 556]

Committee Opinion
November 13, 1984

Legal Ethics Committee Notes. – Rule 1.8(i) now allows related lawyers to be directly adverse to one another if the clients consent.

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