Advisory Opinion: 1268

Year Issued: 1989

RPC(s): RPC 1.7; 1.11(b); 1.11(c)

Subject: Conflict of interest; lawyer appointed to state legislature representing plaintiff in action against State

The Committee reviewed your inquiry concerning whether, assuming you became appointed and subsequently elected to the state legislature, you may continue to represent a plaintiff or plaintiffs regarding an action against the State of Washington. The Committee was of the opinion that at the time you become a member of the legislature, you have a duty under RPC 1.7 to advise your client concerning the potential limitations your political career may mean to the client's representation, and in addition determine for yourself whether or not your career as a legislator would adversely affect the representation of your client. The Committee also directed that I call your attention to the requirements of RPC 1.11(b) & (c).

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.