WSBA 1998

Can two lawyers who are married to each other appear as opposing counsel?

Short answer: The committee was of the opinion that, depending on the facts of each case, the spouse-lawyers must comply with RPC 1.7(b) and RPC 1.8(i), and that as to any confidences or secrets both must comply with RPC 1.6.

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This page answers the general question as of 1998. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

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 Not binding precedent.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) is the authoritative source for any reliance.

Plain-English summary

The inquiry concerned two lawyers who are spouses and could end up as opposing counsel. The committee was of the opinion that, depending on the facts of each individual case, the lawyers would need to comply with RPC 1.7(b) and RPC 1.8(i). The committee added that, as to any confidences or secrets, both lawyers would need to comply with the requirements of RPC 1.6.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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 1.6, 1.7, and 1.8 correspond to ABA Model Rules 1.6 (confidentiality) and 1.7 (conflicts); the related-lawyers provision the committee cited as RPC 1.8(i) tracked the pre-Ethics 2000 ABA Model Rule 1.8(i).

Common questions

Q: Can spouses who are lawyers be on opposite sides of a case?

A: The committee did not give a flat yes or no; it said that, depending on the facts of each case, the lawyers must comply with RPC 1.7(b) and RPC 1.8(i).

Q: What about confidential information between the spouses?

A: The committee said both lawyers must comply with RPC 1.6 as to any confidences or secrets.

Background and rules framework

The opinion applied the conflict and confidentiality rules to a marital relationship between opposing lawyers: RPC 1.7(b) (conflicts arising from a lawyer's own interests or relationships, corresponding to ABA Model Rule 1.7), RPC 1.8(i) (the related-lawyers provision, which tracked the pre-Ethics 2000 ABA Model Rule 1.8(i)), and RPC 1.6 (confidentiality, corresponding to ABA Model Rule 1.6). The committee made the analysis fact-specific rather than categorical.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.6 (confidentiality); Washington RPC 1.6
ABA Model Rule 1.7 (conflicts of interest); Washington RPC 1.7(b)
ABA Model Rule 1.8 (related lawyers, pre-Ethics 2000 Rule 1.8(i)); Washington RPC 1.8(i)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=758

Original opinion text

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

Advisory Opinion: 1684
Year Issued: 1998
RPC(s): RPC 1.6; 1.7(b); 1.8(i)
Subject: Spouses who are potential opposing counsel

The Committee reviewed your inquiry regarding two lawyers who are spouses. The Committee was of the opinion that, depending upon the facts of each individual case, the lawyers would need to comply with RPC 1.7(b) and RPC 1.8(i). Also, regarding any confidences or secrets, both lawyers would need to comply with the requirements of RPC 1.6.

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