Advisory Opinion: 1378

Year Issued: 1990

RPC(s): RPC 1.7; Formal Opinion 149

Subject: Conflict of interest; law firm representing criminal defendants in city where member of firm is on city council


The Committee reviewed your inquiry concerning whether members of a law firm would be prohibited from doing criminal defense work in a local district court which encompasses a city in which another member of the law firm is a member of the city council. The Committee reviewed Formal Opinion #149, a copy of which is enclosed, which raised a similar, related question. After discussion, the Committee was of the opinion that the facts in your inquiry do not present a per se conflict which would preclude members of the firm from engaging in criminal defense work, but rather might raise a potential conflict in a particular case which would have to be dealt with accordingly in that case.

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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.