Advisory Opinion: 1407

Year Issued: 1991

RPC(s): RPC 1.7(a)

Subject: Conflict of interest; lawyer concurrently representing state and clients against the state

The Committee reviewed your inquiry concerning conflicts of interest that may arise when referring cases to Special Assistant Attorneys General who also represent clients adverse to the state agency at issue. The Committee was of the opinion that RPC 1.7(a) would require that the lawyer obtain the consent of both the state and the client if the lawyer were concurrently representing the state and representing other clients against the state.

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.