Advisory Opinion: 1096

Year Issued: 1987

RPC(s): RPC 1.6; 1.7(b)

Subject: Conflict of interest; client is opposing expert witness in case lawyer is defending

The Committee agreed with your analysis that when you discovered that a client in one case would be plaintiff's expert witness is a second case which you were defending, putting you in the situation of having to depose and cross-examine your own client, Rule 1.6 and 1.7(b) of the Rules of Professional Conduct would require you to withdraw in the second case in which you would be required to examine your own client.

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.