Opinion 1356

The Committee reviewed your inquiry concerning the propriety of negotiating for employment with a local affiliate of an out of state bank. During the past two years [as an employee of a government agency], you have conducted an investigation of the trust department of the out of state bank. Both banks are owned by the same holding company. The Committee could not determine, based upon the facts presented, whether you would be participating in the future in the investigation in any way. However, the Committee was of the opinion if you would be continuing to participate, then RPC 1.11(c)(2) would prohibit you from negotiating employment with the bank or with the attorneys for the bank. But if there would be no future participation by you then you would not be prohibited from such negotiation. Because both affiliated banks are owned by the same holding company, the Committee was of the opinion that the local affiliate is a "party" to the matter being investigated as that term is used in RPC 1.11(c)(2).

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.