Opinion 1520

The committee reviewed your inquiry concerning the application of RPC 3.7 to a situation involving a lawyer from the office of the prosecuting attorney appearing as a witness in a case being prosecuted by that office. The Committee was of the opinion that the requirement that a lawyer shall not act as an advocate at a trial in which another lawyer in the same firm is likely to be a necessary witness does not apply to the office of the prosecutor because such an office does not meet the definition of "law firm" in the Terminology Section of the Rules of Professional Conduct. The committee noted there may be constitutional or legal questions involved in such a situation which the Committee is not in a position to address.
[Editor's note: See State v. Bland, 90 W App 677 (1998) for a contrary view]

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.