LEO: Conflict of Interest - Spouse as Opposing  LE Op. 861

 

Conflict of Interest - Spouse as Opposing Counsel.

 

December 23, 1986

 

It is not improper for an attorney to represent a client when the

opposing counsel is a member of the same law firm as the attorney's spouse,

as long as full and adequate disclosure is made and all parties consent to

the representation. Disclosure and consent is required any time the

attorney's employer (a legal aid organization) and the attorney's spouse's

firm might take opposite positions, regardless of whether either spouse

works directly for either client. [ DR:5-101; LE Op. 190]

 

Committee Opinion December 23, 1986