Advisory Opinion: 1390

Year Issued: 1991

RPC(s): RPC 1.7(b); 1.9(a); 1.9(b)

Subject: Conflict of interest; representation adverse to former client; substantially related matters

The law firm previously represented a husband and wife in business matters and on a speeding ticket. The law firm now represents the defendant's insurance carrier in a personal injury case brought by the former clients. The Committee was of the opinion that, based upon the facts presented in your inquiry concerning the representation by your law firm of the husband and wife clients, and the facts of the present litigation, the matters may be substantially related and if so, you would need to withdraw pursuant to RPC 1.9(a). The Committee was further of the opinion that if the matters were not substantially related, you would still be required to withdraw pursuant RPC 1.9(b) and RPC 1.7(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.