Opinion 1078

The Committee considered your inquiry regarding a potential conflict of interest. The Committee understood the facts to be that you have been retained to represent a plaintiff in an automobile accident case. The defendant is represented by an attorney hired by her insurance company.

You have learned that in 1976 and 1977, one of your law partners represented the defendant in a dissolution matter. That partner has advised you that the defendant and her then husband agreed on the terms of the dissolution, and that he only prepared the documents. Your partner also prepared a will for the defendant. In addition, in 1980 your partner received a letter from the defendant advising that there was a petition filed to modify the terms of the dissolution. However, apparently there was no further participation by your partner or the law firm in that matter. You state in your inquiry that you are aware of no confidential information that was learned during the representation of the defendant which would have any relevance whatsoever to the current personal injury litigation.

Based upon these facts, the Committee concluded that RPC 1.9 concerning conflicts of interest regarding former clients would not prohibit you from undertaking to represent the plaintiff in the present matter, because this matter is not substantially related to the matter in which the defendant was previously represented by your law partner, assuming your conclusion to be correct that there are no confidences or secrets relating to the representation which could be used to the disadvantage of the former client. The Committee did wish to caution you, however, regarding the broad definition of the word "secret" as defined in the Terminology section of the Rules of Professional Conduct. Based upon the facts presented by you, there does not appear to be a conflict of interest.

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.