[WSBAPT] Potential Conflict and RPC 1.6 & 1.7

[Eric Nelsen]

My first thought--Call back one of them to have a brief talk, asking if the estate planning is going to be joint and is your spouse coming in for the meeting? If the answers aren't good, just say that you prefer not to do estate planning in that circumstance and refer that person to another firm. Then do the same with the other. While you could probably take one of them on under the RPCs, I think I would steer completely clear in order to avoid any bad feelings.

I assume they are new clients. You say "update" EP though, which makes me wonder if they are former clients who did EP with you before? In that case you must have a waiver of conflict on file already, which means you maybe could disclose between them without a problem as it's already consented...?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

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'
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
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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