Advisory Opinion: 1064

Year Issued: 1987

RPC(s): RPC 1.11

Subject: Conflict of interest; employment by firm representing parties adverse to prior employer

Your inquiry presents a situation wherein you have previously been employed by a federal agency, and now propose to be employed by a private law firm which represents parties adverse to the federal agency. The Committee was of the opinion that, where the law firm represents parties in matters adverse to the federal agency, in which you had no involvement while employed by the agency, there would be no violation of RPC 1.11. However, in the facts presented by your inquiry wherein you had some involvement in certain cases, it appeared to the Committee that you had "personally and substantially" participated in those cases while employed with the federal agency, and therefore the Committee was of the opinion that RPC 1.11 would preclude you from any involvement in those cases, but would not necessarily preclude the firm from continuing to represent their clients provided that RPC 1.11 is complied with, including appropriate screening and notice to the agency.

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.