Advisory Opinion: 1835

Year Issued: 1998

RPC(s): RPC 1.6; 1.7

Subject: Conflict of interest; client confidence or secret; lawyer receives phone call from potential client wishes to sue current client

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1835 concerning the obligations of a lawyer who received a telephone call from a prospective client alleging that an existing estate planning client may be subject of a contemplated paternity action.

It is the opinion of the committee that you are precluded by RPC 1.6(a) from disclosure of the paternity allegation. You must also decline representation of the potential paternity action client under RPC 1.7(a). Finally, you may continue to represent the estate planning client provided you decline further representation of the other potential 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.