Advisory Opinion: 1229

Year Issued: 1988

RPC(s): RPC 1.9

Subject: Conflict of interest; representation of adverse parties in unrelated lawsuits


[The lawyer represented a group of clients who were defendants in an Idaho action. A lawsuit was filed against one of these clients in California. One of the plaintiffs in that case was another defendant in the Idaho action. Although the lawyer entered a notice of appearance for that defendant, he had in fact never had any contact with the client, as he was a recluse. The lawsuits were unrelated.] The Committee was of the opinion that, based upon the facts and circumstances as set out in your letter, if you in fact have no confidences or secrets of the person on whose behalf you entered a Notice of Appearance in the Idaho proceeding, and assuming you are permitted to withdraw from the Idaho action, there would be no violation of RPC 1.9 for you to continue to represent your other clients in the action in California.

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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.