Advisory Opinion: 1871

Year Issued: 1999

RPC(s): RPC 1.7; 5.2

Subject: Conflict of interest; government lawyer preparing legal documents for parties appearing before government agency

The inquirer asked if it is a conflict of interest for a governmental lawyer to prepare legal documents for non-clients aggrieved by orders obtained by the governmental lawyer. The preparation of appellate documents for an aggrieved party is a violation of RPC 1.7. RPC 5.2 binds a lawyer to follow the Rules of Professional Conduct though directed by another lawyer to the contrary.

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.