Advisory Opinion: 1301

Year Issued: 1989

RPC(s): RPC 1.15(c)

Subject: Withdrawal; court order denying motion to withdraw where lawyer believes conflict precludes representation


The Committee reviewed your inquiry concerning your situation in which you have been ordered by a court to continue to represent a defendant in an aggravated murder case in which you discovered that two police informants have been previously represented by other lawyers with [your pubic defender agency]. You apparently believe that a conflict of interest exists because your office may possess confidences or secrets of the informants which might be disclosed through cross examination of them as witnesses. The Committee was of the opinion that RPC 1.15(c) requires that you continue to represent the defendant pursuant to the judge's order, but because the matter is currently in litigation the Committee is unable to render an opinion regarding the conflict question presented.

***

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.