Advisory Opinion: 1817

Year Issued: 1998

RPC(s): RPC 1.7(b); 5.3(b)

Subject: Conflict of interest; office sharing lawyers representing different family members for injuries in common accident

The Committee researched and reviewed your inquiry concerning the potential conflicts when office sharing lawyers represent opposing parties and determined the following:

It is permissible for lawyers who share offices and a receptionist to represent different family members for injuries sustained in a common accident. The lawyers should disclose to their respective clients, pursuant to RPC l.7(b), any material facts suggesting a potential conflict of interest material to the office-sharing arrangement. Pursuant to RPC 5.3(b), they should caution the receptionist about the importance of maintaining confidentiality of communications to the respective lawyers, or they should obtain properly limited confidentiality waivers from each 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.