Advisory Opinion: 1408

Year Issued: 1991

RPC(s): RPC 1.7; 1.9

Subject: Conflict of client interests; representation of partnership in dispute with partner

The following letter from the General Counsel was later adopted by the Committee as its opinion:
As I understand the facts, you were employed as counsel for a partnership after a dispute arose between the partnership and one of the partners who was also a contractor with the partnership. As counsel for the partnership, you have been negotiating possible settlement of the dispute with the contractor partner, who is also represented by independent counsel. According to the facts which you present, you have been given no confidences or secrets of the contractor partner nor have you ever represented him except in his capacity as a member of the partnership.
It does not appear to me that, under the facts as presented, you have any conflict which would preclude you from continuing to represent the partnership in this situation. While it is true that you technically have a professional relationship with all of the partners, that would be true for any lawyer and could not present such a conflict as to preclude a lawyer from representing the partnership in a dispute with one of its partners.

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.