Potential Rules of Professional Conduct Implicated by Divorce: Scenario: Married clients decide to divorce shortly before trial in a personal injury case. Spouse has a loss of consortium claim. Question: What ethical rules may be implicated and what action can (or should or must) be taken? RPC 1.7—Conflict of Interest Current Client Q: Will the representation of one client be directly adverse to the other client? Q: Is there significant risk that representation of one client will be limited by the lawyer’s responsibilities to the other client? Q: Can the lawyer still provide competent and diligent representation to each client? Q: Will each client give consent in writing? RPC 1.8—Conflict of Interest Current Clients (Specific Rules) Q: Using information from one client to their disadvantage? Q: Would you be making an aggregate settlement of claims?
RPC 1.9 – Duties to Former Clients Q: If you fire the client, is your representation of the remaining client materially adverse to the interest of the former client? RPC 1.16 – Terminating Representation Q: Will continued representation result in RPC violation?
Q: Can withdrawal occur without material adverse effect on the interests of the client? Q: Do you find the actions of the client repugnant or fundamentally disagree with them? Q: Do you have “other good cause” to withdraw? Q: What steps are you taking to protect the former client’s interests?