Opinion 1289

The Committee reviewed your inquiry concerning accepting pro bono work from Tribal entities when your law firm represents clients actively engaged in litigation against such Tribal entities. The Committee understood that you would not accept representation of a current or former adversary of your law firm and would not be involved in the same factual circumstances as in any prior representation of a current or former client. In response to your question as to what factors should be considered in deciding whether to accept such pro bono work, the Committee was of the opinion that pursuant to RPC 1.7(b), you should consider your duty of loyalty to existing clients as well as the prohibition in RPC 1.6 prohibiting revealing confidences or secrets of a current or former client.
In response to your second inquiry of whether the pro bono client can be obtained from an Indian legal services organization that serves as counsel for a Tribal entity that is litigating against a current client, the Committee is of the opinion that you would not be prohibited from accepting such representation provided that you cannot represent the actual Indian legal services organization itself that is litigating against a current client.

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.