1976, February, Pg. 186. ETHICS.

5 Colo.Law. 186

Colorado Lawyer

1976.

1976, February, Pg. 186.

ETHICS

186ETHICSRevised Opinion No. 52

Adopted December 13, 1975

SyllabusIt is improper for a lawyer to represent a client whose interests differ from those of a client who is represented by the lawyer's spouse if the exercise of the independent professional judgment by the lawyer on behalf of the client will be or reasonably may be affected by reason of the marital relationship between the two lawyers.

QuestionWhere both husband and wife are lawyers, but they are not practicing in association with one another, may they or their firms represent differing interests?

FactsThis question may arise in varying forms. A law firm may be asked to represent a client opposing the interest represented by another law firm that employs the husband or wife of a lawyer who is associated with the first law firm. A further example of a situation in which the question may arise is when the office of a public prosecutor employs a lawyer whose spouse is associated with a firm which represents a client who is being prosecuted by that office.

Opinion

Whether it is improper for husband-and-wife lawyers who are practicing in different offices or firms to represent differing interests depends upon the facts in each situation. No disciplinary rule expressly requires a lawyer to decline employment if a husband, wife, son, daughter, brother, father, or other close relative represents the opposing party in negotiation or litigation. Likewise, it is not necessarily improper for a law firm employing a married lawyer to represent clients who are opposed to interests represented by another law firm with which the married lawyer's spouse is associated as a lawyer. However, a lawyer whose husband or wife is also a lawyer must, like every other lawyer, obey all disciplinary rules, for the disciplinary rules apply to all lawyers without distinction as to marital status.

The realities of the marital relationship must be recognized with the possibility, at least, that the domestic and professional responsibilities of husband-and-wife lawyers may be incompatible when they represent conflicting interests. It takes but little imagination to anticipate a number of situations in which either spouse might find it difficult to exercise professional judgment solely for the benefit of the client and...