Opinion 1411

The Committee reviewed your inquiry regarding conflict of interest avoidance systems. The Committee is of the opinion that there is no short answer to the question of when does a conflict or the appearance of a conflict of interest arise. The Committee is of the opinion that the attorney-client relationship exists when a reasonable client believes that there is such a relationship. The Committee has previously determined that information obtained during an initial interview with a prospective client would rise to the level of secrets or confidences and that that information could not be disclosed by the lawyer except in compliance with RPC 1.6.

If an individual interviewed a firm for purposes of representation and the lawyer or law firm were not retained, it would be a conflict of interest for the lawyer or a member of the law firm to subsequently undertake to represent a third party in a matter adverse to the original prospective client in a related matter or in a matter involving confidences or secrets of the prospective client. The Committee is of the opinion that RPC 1.9 would apply in such a situation.

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.