Opinion 1842

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1842 concerning a potential conflict of interest when representing [a city whose part-time mayor is also a lawyer and represents opposing parties].

The Committee has reviewed your inquiry and determined the following: the issue of whether there is a conflict of interest would depend upon your and your firm’s ability to appropriately represent both the city and your other clients, given the relationship with the mayor. If that representation is not affected by the relationship, there is no conflict under RPC 1.7(b)(1). However, if your representation of either the municipality or other clients would be adversely affected, then there is an actual conflict and you should recuse yourself from one side or the other. If you believe you can continue with the representation of both the city and the other clients, you then need to have consultations with both the municipality and the other clients of both yours and your firm where the mayor or a member of his firm is opposing counsel and make full disclosure of the relationship and the potential problems that could arise. It is beyond the scope of this opinion as to whom in the city organization disclosure needs to be made. However, it is suggested that it needs to be made to somebody in addition to, or other than, the mayor. The city charter or state statute may be consulted in this regard. With those clients that are in litigation, you should explain the potential complications that may arise, how you might handle the same and that it is possible that you or your law firm may have to withdraw if problems develop that affect full representation of either client. After that, if the clients agree to your representation in writing, you may continue with it.

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.