Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-02

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-02

Conflicts: Members of a firm appearing in criminal cases where one member’s husband is partners with State's Attorney


 

(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7, 1.8(c), 1.9 or 2.2.

From the above references we do not think it a violation for you or the members of your firm to handle criminal cases in Worcester County. Put another way, your husband's partners' association with the State's Attorney's Office does not impute a conflict to you or your firm.

We must next address whether any conflicts present over the handling of civil matters between your firm and your husband's firm. We first reference Rule 1.8(i) which provides as follows:

 

(i) A lawyer related to another lawyer as parent, child, sibling or spouse, shall not represent a client in a representation directly adverse to a person who the lawyer knows is represented by the other lawyer, except when consent by the client after consultation regarding the relationship.

This rule would clearly disqualify you or your husband from handling cases opposite one another where the representations are adverse. This disqualification would not apply where the clients consent after consultation regarding the relationship.

We next address whether the other members of the respective firms may handle civil matters which, if handled by husband and wife, would be a conflict under Rule 1.8(i). In that connection we reference a comment to Rule 1.8 which provides in pertinent part as follows:

 

FAMILY RELATIONSHIP BETWEEN LAWYERS - RULE
1.8(1) applies to related lawyers who are in different firms. Related lawyers in the same firm are governed by Rules 1.7, 1.9 and 1.10. The disqualification stated in Rule 1.8(i) is personal and not imputed to members of the firms.

Since the disqualification of 1.8(1) is personal, the respective partners and associates do not fall heir to the conflict that may exist between husband and wife.

 

References: Rules of Professional Conduct 1.7, 1.8


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