Opinion 1368

The Committee considered your inquiry regarding whether a lawyer for a general partnership may now represent that partnership in an action against one of the partners. The Committee was of the opinion that a lawyer for a general partnership may be, but is not automatically, the lawyer for its partners individually. Before entertaining representation against one of the partners the Committee was of the opinion that the lawyer must consider whether his or her professional relationship has been with the partnership as an entity distinct from its individual partners, or simply as an aggregate of those partners. The Committee believed that the perceptions of the partners themselves in this regard would be pertinent.

Whether a lawyer-client relationship exists or formerly existed with the defendant partner, and therefore, whether the lawyer may proceed without concern for conflicts of interest, is ultimately a question of fact to be determined in each case.

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.