Can a lawyer represent someone in litigation when the other side is represented by a relative or a spouse?

The question is an interesting one because common sense would suggest one would not litigate against their relative. This can potentially create hard feelings in a family situation. But, the real answer is violating Rule of Professional Conduct 1.7. Rule 1.7 is the main conflict of interest rule. That rule prohibits concurrent conflict of interest. Under Rule 1.7(a)(2), a concurrent conflict of interest exists if there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibility to another client, a former client, or a third person or by a personal interest of the lawyer. Obviously, litigating against a relative or one’s spouse would fit within a personal interest of the lawyer. It also could, in a husband and wife situation, raise questions of protecting confidential information that could inadvertently be mentioned or given. In Comment 11 to Rule 1.7 the following is noted: “When a lawyer is representing different clients in the same matter or in substantially related matters who are closely related by blood or marriage, there may be a significant risk that client confidences will be revealed and that the lawyer’s family relationships will interfere with both loyalty and independent professional judgment.”

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