Advisory Opinion: 1521

Year Issued: 1993

RPC(s): RPC 1.7(b); 1.9(b)

Subject: Conflict of interest; lawyer seeks to represent former counsel for current opposing party

The Committee reviewed your inquiry concerning two scenarios involving one lawyer representing multiple clients involved in separate litigation with one defendant. In each instance, the prospective client of the lawyer was a former lawyer for the defendant.

The Committee was of the opinion that RPC 1.9(b) would place an obligation on the lawyers who sought the representation not to disclose confidences or secrets to the inquiring lawyer which might be damaging to the former client in litigation with any of the other parties. Because of that, and because of the requirements regarding conflicts of interests set out in RPC 1.79b), the Committee was of the opinion that the lawyer should decline the multiple representation in both instances.

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.