Opinion 294

An attorney was employed by a wife and instituted suit in her behalf for a divorce, division of property and possibly other relief. The wife says that she discussed and disclosed all matters known to her as grounds for divorce, as well as all matters concerning the financial condition and community property of the parties. Prior to bringing the matter to trial, the parties reconciled and the cause was dismissed at the wife's instructions.

Sometime later, the wife states that she was compelled to permanently abandon her husband because he returned to his old ways and before she instituted suit, the husband employed her former attorney, who instituted suit in his behalf. An attempt was made to agree on the property, before waiver or answer was filed, but when negotiations broke down another attorney was employed by the wife, who filed a general denial, cross-action and prayer for other relief. At the wife's request, the first attorney has been asked to withdraw as attorney for her husband, but has refused.

Has the first attorney violated Rule 34, or any other rule, in the opinion of the committee? Should he withdraw? Should he withdraw even if he states that he has not and will not reveal to the husband any confidences between himself and his former client, the wife?