Advisory Opinion: 1432

Year Issued: 1991

RPC(s): RPC 1.9; 1.10

Subject: Conflict of interest; imputed disqualification; representation of party adverse to former law firm's former client

[The lawyer represents one parent in a child custody case. His former law partner previously represented the other parent in a related matter.] The Committee reviewed your inquiry concerning a possible conflict of interest. The Committee is of the opinion that the matter is governed by RPC 1.10, and that you have to determine whether you have confidences or secrets of the objecting party. If so, then that rule would require your disqualification.

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.