Advisory Opinion:
1866
Year Issued:
1999
RPC(s):
RPC 1.6; 1.7; 1.9
Subject:
Conflict of interest; client confidence or secret; family law lawyer representing volunteer guardians ad litem
I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1866 concerning practicing family law and acting as an attorney for [volunteer guardians ad litem].
The Committee has reviewed your inquiry and determined the following:
The committee predicates its opinion on your letter of January 27, 1999 and your subsequent representation to a member of the committee that your proposed contract with [the volunteer guardian ad litem program] will preclude you from accepting any matters in your private practice in which [that program] or its guardians are involved. Given these limitations, we do not perceive a conflict under RPC 1.6 or 1.7 simply through your entering a contract with [the program]. But, you need to reevaluate any possible conflicts that may be posed as you receive individual cases. Further, any former client conflicts stemming from either clients you have represented before or you may represent in the future involving matters you handled for [the volunteer guardian ad litem program] must be evaluated in their individual circumstances under RPC 1.9. Finally, this opinion is limited to the RPCs, and to the extent that at least one of you has an appointment as a pro tem commissioner in Family Court, you are encouraged to contact the Washington Court Ethics Advisory Committee to discuss any possible implications under the CJCs. We do not see any inherent violations of RPC 1.6,1.7, or 1.9 so long as your proposed future representations exclude matters [relating to the volunteer program]. This opinion does not consider the implications of your being court employees, about which we express no opinion. We will attempt to address this question at a later time.
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