Advisory Opinion: 1833

Year Issued: 1998

RPC(s): RPC 1.7; Formal Opinion 161

Subject: Conflict of interest; part-time city prosecutor also represents private criminal clients in the same court

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1833 concerning whether a lawyer who is serving as a city prosecutor may also represent private criminal clients in the same courts where he is the prosecutor on a part time basis.

It is the opinion of the committee that you have a conflict of interest. You are directed to Formal Opinion 161. The conflict is potentially waiveable pursuant to the strictures of RPC 1.7.

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.