Opinion 2199

A. ISSUE: The inquiring lawyer requests an opinion concerning whether or not he may continue to represent one separately incorporated wholly owned subsidiary of a parent company while at the same time representing a party in an action against another separately incorporated wholly owned subsidiary of the same parent company.

B. ANSWER: Whether a conflict exists either for representing or being adverse to a subsidiary depends on the specific facts and circumstances. See, generally RPC 1.7, 1.13, and ABA Formal Opinion 95-390. The current inquiry does not present us with sufficient facts to make a determination in this instance.

Representing an individual adverse to a corporate subsidiary in these circumstances may also be governed by 1.7(a)(2).

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.