MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 2000-11
Conflicts of Interest - Former Client of Firm
You describe a dispute in a pending divorce proceeding in which the opposing party sought to disqualify you in a District Court proceeding for ex parte relief, claiming that you have a conflict of interest with a former client in violation of Rule 1.9 of the Maryland Rules of Professional Conduct. You deny this allegation, stating that there is a factual dispute between you and the other party, but that the District Court concluded that it did not have jurisdiction to decide such issues. In any event, you state that the divorce proceeding is now pending in the Circuit Court, and that the issue of conflict of interest "is sure to be raised again" in that venue. You seek an opinion from this Committee as to whether there is a conflict of interest, and if so, whether your partner could take over the representation of your current client.
The Ethics Committee has had a long-standing policy of not rendering opinions on matters that are likely to be presented for decision to a court unless requested to do so by the court. Among the reasons underlying this policy is the fact that this Committee is neither a court nor fact finder; indeed, when we render an opinion, we simply assume as true all of the facts set forth in an inquiry. When such facts are in dispute, which is clearly the situation you describe, those facts must be determined by the Court, which, after doing so, may then rule on a motion to disqualify based on a conflict of interest.
The only question raised by you which we can answer is that should it be determined that you are disqualified based on a conflict of interest involving a former client under Rule 1.9, then your law partner cannot take over the representation of your client because your conflict of interest is imputed to your law partner and any other lawyer in your firm pursuant to Rule 1.10(a) of the Rules of Professional Conduct.