LEO: Attorney/Client - Former  LE Op. 903


Attorney/Client - Former Representation.


May 1, 1987


An attorney represents a client in a custody action. The adverse party is

the client's former spouse. The client's present wife will be a witness.

Client's present wife previously consulted with the attorney representing

the client's former spouse. The attorney for the former spouse served as

judge pro tempore in the no fault divorce of the client's present spouse

and received no fee as a result except the fee for services as judge pro

tempore. The client's former spouse appeared in the proceeding pro se. Six

months after the no fault divorce was granted, the client's present spouse

ran into the former wife's attorney and requested advice regarding a

problem dealing with child support. The former wife's attorney advised the

client's present spouse to see an intake officer at the juvenile and

domestic relations court in order that the intake officer prepare the

necessary paperwork.


It is not unethical, given the above, for the client's former wife's

attorney to continue to represent the former wife. It does not appear that

the attorney for the former wife gained any confidences or secrets in a "

professional relationship." Even if such confidences were gained, DR:4-

101 prohibits revealing such facts but not subsequent representation of a

third party. [ DR:4-101]


Committee Opinion May 1, 1987