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Opinion 666

Question Presented

Does a conflict of interest exist where attorneys, who are married to each other, either represent, or are members of firms who represent, opposing parties to the same civil matter?  If so, can the conflict be cured? 

Alpha Firm and Beta Firm have been retained by opposing parties in a civil matter, such as a transaction or a lawsuit. Spouse A is employed by Alpha Firm and Spouse B is employed by Beta Firm. Each spouse knows that his or her respective firm represents a client in a matter directly adverse to a client of the other spouse’s firm. In one scenario, Spouse A is not directly involved with the matter, but Spouse B is directly involved. In another scenario, neither Spouse A nor Spouse B is directly involved with the matter.

Bluebook Citation

Tex. Comm. On Professional Ethics, Op. 666 (2016)