Swap Conflicts Draw Reprimand

The New Hampshire Professional Conduct Committee has reprimanded an attorney based on a complaint filed by the ex-husband of her divorce client.

The board concluded that the attorney had a multiple-client conflict arising from her representation of the wife.

The wife’s divorce was a consequence of a spouse-swapping arrangement. 

The swap was in effect during the period of the representation. The client was living with her new companion and their finances were intertwined.

The representation undertaken for the new companion in his dealings with his marital situation created “overlapping issues of child support, alimony and child visitation” between the two clients that violated Rule 1.7.

The attorney was also alleged to have violated Rules 1.1 and 3.4(c) by disclosing the husband-complainant’s financial information (obtained in the representation) to the companion. The Hearing Panel had sustained those charges. 

The committee concluded that she had lawfully acquired the information and violated no rule in disclosing it to her new client. (Mike Frisch)