[WSBAPT] Potential Conflict and RPC 1.6 & 1.7

[Jen Doehne]

Hi Heather-
I read the RPC's to mean that you have to treat even a potential client as an actual client when it comes to confidential matters...which I take to mean you would be unable to let either H or W know the other called. If this were me, I would send them both letters stating that you have a (n undisclosed) conflict and your firm is unable to represent them. It seems to me that even mentioning that they both contacted you could be a violation of the RPCs, even though you obtained no actual information. Good luck!!

Best wishes,

Jen
Jennifer Doehne, Attorney at Law, LL.M.
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: 360.357.2852  |  Fax: 360.786.6943
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Tuesday, March 12, 2019 4:37 PM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Potential Conflict and RPC 1.6 & 1.7

Hypothetical Client Husband calls law office and speaks to employee A about working on his estate planning and schedules an appointment.
Hypothetical Client Wife calls law office and speaks to employee B about updating her estate planning and schedules an appointment.
Both were making their first contact with the law firm and it is unknown who called first.
No confidential client information has yet been obtained, and there is no client agreement for either. There is no particular reason to believe either believes the fact of scheduling the appointment was to be held in confidence.

While I regularly represent couples in a joint estate plan with appropriate disclosures and consent, and also regularly represent one half of a couple (while other half obtains representation elsewhere) I am pretty sure law firm can't represent them both separately.

The question is how does law firm decline representation of either, or arrange for joint representation without revealing information relating to the representation to each of them the fact of the other's contact with law firm, and would such a disclosure be prohibited?

Thoughts?

Heather

Heather S. de Vrieze
Attorney-at-Law
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