Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-05

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-05

Conflicts: Suit against former client


You have been retained to represent, through her guardian, a wife against her spouse in a divorce proceeding. The wife is in need of a guardian because of an accident in 1983 which resulted in both a worker's compensation claim and third party personal injury case. Before the present guardian was legally appointed for the wife, the above accident claims were settled by Attorney A at the direction of husband. You ask whether Attorney A is prohibited from representing the defendant husband in the divorce proceeding due to a conflict of interest resulting from the attorney's prior representation of wife. You state the amount of the settlement is known to husband and wife's guardian, however, there is likely to be an issue as to whether those proceeds are marital or non-marital property.

Rule 1.9 is applicable and states:

""Rule 1.9 Conflict of Interest: Former Client

A lawyer who has formerly represented a client in a matter shall not thereafter:

(a) represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation; or

(b) use information relating to the representation to the disadvantage of the former client except as Rule 1.6 would permit with respect to a client or when the information has become generally known.""

From the facts you relate, the opinion of this Committee is that Attorney A's prior representation of the wife is not substantially related to the present divorce action and whatever information Attorney A obtained through prior representation was generally known to the husband because the husband was the liaison between Attorney A and the wife due to her inquiries. Therefore, Attorney A may continue to represent the husband in the present divorce action against the former client in accordance with Rule 1.9.


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