Advisory Opinion: 1300

Year Issued: 1989

RPC(s): RPC 1.9(a)

Subject: Negotiations for merger of law firms where one firm formerly represented client adverse to other firm's client in ongoing litigation; conflict of interest

The Committee reviewed your inquiry concerning whether your firm may enter into negotiations for a merger with another law firm wherein your firm previously represented clients adverse to clients of the other law firm in continuing litigation. The Committee was of the opinion that you could enter into such negotiations provided that no confidences or secrets of your former client were disclosed, but that RPC 1.9(a) would prohibit a merger of your law firms at this time.

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.