Are a county public defender's case conflicts imputed to a lawyer just because the lawyer is married to that public defender?
Apply this to your situation
This page answers the general question as of 1996. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer asked whether a spouse's conflict cases are imputed to the lawyer. The spouse is a county public defender. The lawyer works for a group that provides representation for co-defendants the county public defender's office cannot represent. The lawyer and spouse will never represent co-defendants in the same matter, but other attorneys in the county public defender's office will be assigned to represent co-defendants.
The committee determined that the county public defender's office conflicts are not imputed to the lawyer as the spouse of a county public defender.
Currency note
This opinion was issued in 1996, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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. Washington's RPC 1.7 corresponds to ABA Model Rule 1.7 (conflict of interest: current clients).
Common questions
Q: Does a public defender's conflict get imputed to a lawyer married to that public defender?
A: The committee determined that the county public defender's office conflicts are not imputed to the lawyer merely as the spouse of a county public defender.
Q: What facts did the committee rely on?
A: The committee noted that the lawyer and spouse will never represent co-defendants in the same matter, and that the lawyer works for a separate group representing co-defendants the public defender's office cannot represent.
Background and rules framework
The opinion applied RPC 1.7 (conflict of interest: current clients, corresponding to ABA Model Rule 1.7). The committee treated the marital relationship between the two lawyers as not, by itself, importing the public defender office's conflicts to the spouse, given that the two would never represent co-defendants in the same matter.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.7 (conflict of interest: current clients); Washington RPC 1.7
See also
- WA Ethics Op. 1649: Representing a Condemnee When the Firm Serves the City
- WA Ethics Op. 1647: Public Defender Agency Paying Conflict Counsel
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=737
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1655
Year Issued: 1996
RPC(s): RPC 1.7
Subject: Conflict of interest; spouse's conflicts not imputed to other spouse
The question is whether your husband's conflicts cases are imputed to you as his spouse. Your spouse is a county public defender. You work for a group who provides representation for co-defendants the county public defender's office cannot represent. You and your spouse will never represent co-defendants in the same matter, but other attorneys in the county public defender's office will be assigned to represent co-defendants. The Committee determined that the county public defender's office conflicts are not imputed to you as spouse of a county public defender.
What do the rules say today, for your facts?
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