Gustafson v. City of Seattle

Husband and wife retained Brian Russell to jointly represent them on their claims arising out of an auto accident. After the other driver counterclaimed against the husband for contributory negligence, Russell advised the wife to hire her own attorney due to the potential conflict of interest. The lower court ruled that Russell had violated the Rules of Professional Conduct by failing to disclose the potential conflict at the outset and not obtaining his clients’ written consent. It thus invalidated Russell’s claim for attorney’s lien for representing the wife. We hold that an attorney must…