Advisory Opinion: 1195

Year Issued: 1988

RPC(s): RPC 1.6; 1.7; 1.9

Subject: Conflict of interest; formation of attorney-client relationship

The Committee reviewed your inquiry concerning whether a prior attorney-client relationship existed such that would cause the attorney now to have a conflict of interest in accepting new employment. The Committee was of the opinion that the question of whether the attorney-client relationship had previously existed depends upon what a reasonable person in the "client's" position would have believed. If that reasonable person would have concluded that an attorney-client relationship existed, then the lawyer must now comply with the requirements of RPC 1.9 regarding conflicts with former clients.

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.