Advisory Opinion: 1470

Year Issued: 1992

RPC(s):

Subject: Conflict of interest; lawyer acting as arbitrator has pending civil case against attorney for party to arbitration

The Committee reviewed your inquiry concerning whether a lawyer acting as an arbitrator in a civil law suit should recuse himself because he had a pending civil case against one of the attorneys who was representing a party in the arbitration. The Committee was of the opinion that this situation is not addressed by the Rules of Professional Conduct, and that since this involves a lawyer acting in a quasi-judicial capacity, your inquiry should be directed to the Judicial Ethics Advisory Commission through the Office of the Administrator for the Courts.

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.