Opinion 1887

A law firm represents Insurance Company X in various coverage disputes and regulatory matters. A lawyer in the firm who does neither coverage nor regulatory work accepts a personal injury case arising from a traffic collision. The alleged tortfeasor provided the personal injury client with information at the scene of the collision indicating that Insurance Company X insured him.

Is the lawyer wishing to represent the injured party prohibited from doing so? Yes, unless the requirements of RPC 1.7(a) and possibly RPC 1.7(b) are satisfied. Under RPC 1.7(a), a lawyer may not represent a client if the representation will be directly adverse to another client, unless two additional requirements are met. First, the lawyer must, in fact, believe that the representation will not affect the relationship with the other client. RPC 1.7(a)(1). Second, both clients must consent in writing following consultation and a full disclosure of the material facts. RPC 1.7(a)(2). Third, if there is a long standing relationship with one of the clients, the firm’s responsibility to that client, as well as the personal interests of the lawyers in the firm in maintaining that relationship may implicate 1.7(b). Under RPC 1.10, where a lawyer is precluded from representation by virtue of RPC 1.7(a) or (b), the disqualification is imputed to all lawyers in the firm.

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.