Advisory Opinion: 1402

Year Issued: 1991

RPC(s): RPC 1.6; 1.9; 1.11

Subject: Conflict of interest; lawsuit against former government employer

The Committee reviewed your inquiry concerning your proposed representation in a class action against a state agency for which you were previously employed as a law clerk regarding what, in your opinion, is a violation of federal law by the agency. [The lawyer discovered the violation while employed by the agency and unsuccessfully brought the issue to the agency at that time.] The Committee was of the opinion that you could not represent such a class action against your former employer because such conduct would violate Rules 1.6, 1.9 and 1.11 of the Rules of Professional Conduct.

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.