Advisory Opinion: 1811

Year Issued: 1998

RPC(s): RPC 1.4; 1.7(b); 1.8(i); 5.3

Subject: Conflict of interest; defense investigator married to county forensics investigator investigating the same case

The Committee researched and reviewed your inquiry concerning the conflict occurring when defense investigator/mitigator who is married to county forensic investigator are investigating the same case and determined the following:

Although the inquirer is a nonlawyer, the inquirer was acting at the direction of a lawyer, thereby coming within the ambit of the Committee rule allowing response to members of the Washington State Bar only. Under RPC 1.8(i), 1.7(b), and 1.4 and 5.3, the inquiring nonlawyer's supervisor is obliged to make reasonable efforts to ensure that the inquirer is not engaged in a conflict of interest that would be prohibited to the supervising lawyer. In our view, drawing on RPC 1.8(i) by analogy and reading it in connection with RPC 1.7(b), the nonlawyer would not be permitted to work personally on cases on which the inquirer's cohabitant is working for the Sheriff's office, unless the supervising lawyer concludes that the representation of the defendant would not be adversely affected and the supervising lawyer obtains informed consent from the client.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.