Advisory Opinion: 1349

Year Issued: 1990

RPC(s): RPC 1.6; 1.9; 1.11; 7.5(d)

Subject: Conflict of interest; attorney who formerly represented agency appearing before that agency on behalf of client in related matter; letterhead stating "formerly with" another firm


The Committee reviewed your inquiry concerning a possible conflict of interest. The Committee understood the facts to be that you had formerly been the attorney for a health district and planning commission. You now represent the owner of a solid waste landfill and in connection with that representation, may be required to appear before the health district and the planning commission. The Committee further understood that you have previously represented the commission in public hearings regarding a request by the county concerning this same landfill. You also state that you have no confidential information regarding your former clients and your knowledge is all based upon information obtained in public hearings.
The Committee was of the opinion, based upon the facts presented, that under RPC 1.9 and 1.11, there is no conflict in your representation of the solid waste landfill owner. The Committee also expressed a concern regarding your letterhead which states "formerly with [name of law firm]" and directed me to call your attention to the requirements of RPC 7.5(d).

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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.