Advisory Opinion: 1854

Year Issued: 1999

RPC(s): RCW 1.10(b)(3); RCW 42.23

Subject: Criminal defense lawyer employing nonlawyer assistant formerly employed by Prosecuting Attorney’s office

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1854 concerning the hiring of a legal assistant formerly employed by the Prosecuting Attorney’s office. [The lawyer practices criminal law in the county where the legal assistant previously worked.]

The Committee has reviewed your inquiry and determined the following:

In general, the firm is not disqualified from accepting cases involving the County Prosecutor’s Office. The inquiring lawyer is directed to RPC 1.10(b)(3) if information acquired by the assistant were deemed a "material confidence and secret." The committee does not express opinion about statutory law; it calls your attention to RCW 42.23.

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.