Advisory Opinion: 1529

Year Issued: 1993

RPC(s): RPC 1.9

Subject: Former client conflict.


[The lawyer agreed to represent personal injury plaintiffs on behalf of a nonlawyer business. The lawyer later learned he was assisting the unauthorized practice of law and withdrew from the representation. The business is being shut down, and asked the lawyer if he would accept referrals of their cases.] The Committee was of the unanimous opinion that you could represent clients previously represented by [the nonlawyer business] as long as your personal interests did not conflict with your current clients and as long as there was not a violation of RPC 1.9. With regard to whether you could have a fee agreement which voided the client's previous agreement with [the business], and whether you could still bill [the business] for unpaid legal fees, the Committee decided that these were legal questions which it could not answer.

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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.