Opinion 1465

The Committee reviewed your inquiry concerning situations involving a lawyer who has changed law firms. [The lawyer represents a client in a case against a party represented by his former law firm. The lawyer did no work for the opposing party at his former firm and never learned anything about the case.] The Committee is of the opinion that, based upon the facts as presented in your inquiry, including that the lawyer has no secrets or confidences of the former client, the conduct described in your inquiry would present no violation of the Rules of Professional Conduct, provided that the lawyer recognizes that if his continued representation of the adverse party were challenged by the former client, the lawyer would have the burden of demonstrating that he or she was in compliance with the rules.

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.