Opinion 1814

The Committee researched and reviewed your inquiry concerning whether a lawyer who sits on a hospital foundation board may represent third parties in matters involving the hospital and determined the following:

RPC 1.7(b) provides that it is a conflict of interest for a lawyer to represent a client if that representation may be materially limited by the lawyer's responsibilities to a third party or by the lawyer's own interests. The rule applies because by being on the hospital foundation board, you may be less aggressive in the representation of your client than if you were not on the foundation. In that event, RPC 1.7(b)(2) becomes mandatory and the representation or membership on the board must be declined unless subsections (1) and (2) have been satisfied.

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.