Does a lawyer have to tell the opposing party that the lawyer is married to the client's treating chiropractor?

Plain-English summary

The inquiry concerned a lawyer who was married to the client's chiropractor and asked whether the marital relationship had to be disclosed to the opposing party. The committee was of the opinion that nothing in the Rules of Professional Conduct required the lawyer to volunteer that relationship to the opposing party. It added one qualification: if the lawyer were asked, the relationship would have to be disclosed. The committee also offered to send the inquirer a related informal opinion on a lawyer and a spouse-witness.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Did the lawyer have to volunteer the marital relationship to the other side?

A: Under this 1989 opinion, no. The committee found no rule requiring the lawyer to disclose the marriage to the opposing party on the lawyer's own initiative.

Q: What if the opposing party asked about the relationship?

A: Then it had to be disclosed. The committee made an affirmative answer to a direct question the one situation where disclosure was required.

Background and rules framework

RPC 3.4, Washington's version of ABA Model Rule 3.4, governs fairness to the opposing party and counsel, and RPC 8.4(c), Washington's version of Model Rule 8.4, defines misconduct to include dishonesty, fraud, deceit, or misrepresentation. The committee read those rules to impose no affirmative duty to volunteer the lawyer's marriage to the client's chiropractor, while treating a false or evasive response to a direct question as the line that would require disclosure.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 3.4 (fairness to opposing party and counsel)
• ABA Model Rule 8.4 (misconduct)
• Washington RPC 3.4; RPC 8.4(c)

See also

• WA Ethics Op. 1248: Calling a Spouse as a Witness
• WA Ethics Op. 1250: Candor in Ex Parte Sentencing

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=332

Original opinion text

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

The Committee is of the opinion that nothing in the Rules of Professional Conduct require that a lawyer disclose to an opposing party a marital relationship between the lawyer and his client's chiropractor, unless the lawyer were asked, in which case it would have to be disclosed. The Committee also suggested that I send you the enclosed recent informal opinion on a related issue regarding a lawyer and a spouse/witness.