ETHICS OPINION 369-1942

NUMBER 369 1942

Question. A, an attorney, at the request of husband and wife, prepared a separation agreement, and his fee was paid by the wife with money obtained from the husband. Some time after the execution of the agreement, the parties thereto lived together again, and the agreement became inoperative. Recently the wife deserted the husband and is now living in another state with another man. The husband desires to institute proceedings to obtain the custody of the infant child of the marriage and requests A to represent him. A, as far as he knows, has received no information from the wife that could be used against her in any proceeding the husband desires to institute.

Is it professionally proper for A to represent the husband in the contemplated proceedings?

Answer. While A believes that he has obtained no confidential information from the wife in the former employment that is now material, the scope of a custody proceeding is so wide that he cannot safely conclude that he did not For example, the attorney may have acquired confidential information of the wife’s private means and the question of custody may depend,