Opinion 1167

The Committee reviewed your inquiry regarding the assertion by a lawyer of a pre-existing claim against an estate for which the lawyer is now the attorney. The Committee was of the opinion that, absent circumstances constituting an actual conflict of interest, there is nothing unethical about filing a claim against the estate pursuant to statute. It was the opinion of the Committee that the issue is not whether a lawyer could file the claim, but whether the lawyer could undertake the representation of the estate while being a claimant. Therefore the Committee was of the opinion that RPC 1.7(c) would govern this situation.

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.