Conflict of interest and exposing confidential information to benefit one client over another is not acceptable.

Samuel C. Stretton. Samuel C. Stretton.

I represent a husband who has an ongoing domestic case for support and property issues with his wife. As part of trying to resolve those issues, a full and complete specific summary of his assets, bank accounts, etc. was given to his wife's attorney. His wife's attorney had another client who turns out to be suing the husband and attempting to execute on judgment. The lawyer has used all that information received in the domestic case against the husband and has filed multiple executions based specifically on the material provided. The lawyer has now discharged the wife. This use of the financial information has impacted heavily on my client, the husband, and also on the wife who obviously has far less money and whose joint assets will be impacted. Is there any prohibition against using this information?

The conduct described in the question is clearly unethical and part of the attorney-client relationship and privilege between the lawyer and the wife. The passed financial information would be completely confidential under Rule 1.6, the Confidentiality Rule.

If the lawyer receives confidential information, a lawyer can't use that confidential information to benefit another client in the firm. This is particularly true if it causes prejudice to the existing client. This case would clearly cause prejudice to the client because her assets and support are tied into the husband's economic status.