Opinion 1351

The Committee reviewed your inquiry concerning the propriety of accepting representation of the Department of Labor & Industries in third party liability claims, while at the same time representing clients adverse to the Department. Assuming that representation of the Department would not be "directly adverse to another client" (RPC 1.7(a)), the Committee is of the opinion you could undertake such representation. However, if the interests were adverse then you would need to act in compliance with that rule. Further, the Committee was of the opinion that if you are going to undertake to represent a client and subsequently represent the Department regarding the same claim, you would need to comply with RPC 1.7(b) and RPC 1.9(b).

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.