Advisory Opinion: 990

Year Issued: 1986

RPC(s): RPC 1.10(b)

Subject: Conflict of interest; imputed disqualification; representation by firm that previously represented adverse co-defendant

The Committee was of the opinion that a law firm who represents a criminal defendant on appeal from a trial in which a co-defendant testified against the defendant-client, and now wants to employ as an associate a lawyer from the public defender agency which represented the co-defendant and who gained confidences or secrets of the co-defendant during that employment, must withdraw from further representation of the client-defendant pursuant to RPC 1.10(b).

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.