Today my husband got staffed on a new case. I worked extensively on this case when I was at my old firm and my former boss, who is like a father to me, is opposing counsel. I’ve discussed some general thoughts on the case to my husband and my former boss and my husband have talked generally about the case. I appeared as counsel of record of the case, but withdrew (which was granted) a few weeks ago because of my job change. I think he’s wrong for agreeing to work the case. Thoughts?

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I think your husband needs to mention it to his boss at the very least. Neither client can waive a potential conflict the clients know nothing about. It’s not like he’s your cousin you see once a year, this is your husband. You live with him and he was around while you were on the opposing side. Even if you didn’t disclose any confidential information, the appearance of impropriety alone is enough to make me shudder.

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Well, damn. That’s quite the situation.

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I disagree with A1 but maybe we need more context. This may be a sticky situation for you both because it sounds like you breached confidentiality by discussing the case (and maybe strategy) with him (?). If that’s the case, he definitely should not take it on, and you should be aware that your old boss may have a duty to the client to object to your husband’s representation, in which case your potential disclosure of confidential information may come to light. I can’t offer specific advice beyond asking your husband to ask to be re-assigned; point out to him that this could blow back on you too.

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No, that I’ve shared information with him (even though it’s publicly available) and the appearance of impropriety. And also to vent general frustration with what I think is a poor judgment call on his part.

Is his side adverse? Unless you or your boss have shared anything material I don’t think it’s that big of deal.

Yes his side is directly adverse

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