Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-12

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-12

Conflict: Suit Against Former Client


You state that you have been requested to represent X in a domestic case. You had previously represented X's wife, Y, in a modification petition involving Y's prior husband, Z. You ask whether or not it would be appropriate for you to represent X in a divorce proceeding against Y.

Rule 1.9 of the Maryland Rules of Professional Conduct provides:

""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 been generally known.""

Based on the facts presented, it would appear doubtful that a divorce proceeding involving X and Y has any relationship to your former representation of Y. Assuming that you did not obtain any information in your former representation that could be used to the disadvantage of Y, the Committee believes that you may undertake the representation of X in his divorce from Y. 


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.