UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 98-32C
While at a former firm as an associate, Attorney handled certain matters relating to a wreck case for a client. Attorney left the firm before the matter was concluded. The client's husband has now asked Attorney to represent him in a divorce.
QUESTION:
Is there a conflict?
SUMMARY:
There could be a conflict, which can be waived by the former client.
OPINION:
Rule 1.9 deals with conflicts between present and former clients. Attorney could have acquired information which would be protected by Rules 1.6 or 1.9(c). It seems to the committee that the attorney likely did; information concerning the wife's injuries and possible financial recovery would seem both confidential and material to the divorce. In event of conflict, the wife must consent to attorney's representation of her husband, after consultation. Attorney should secure the written consent of the client, as well.
The committee recommends that Attorney decline representation of either party in the divorce.