Advisory Opinion: 1556

Year Issued: 1994

RPC(s): RPC 8.4(d)

Subject: Conflict of interest; law firm appearing before administrative panel that includes law firm's client


The Committee reviewed your inquiry asking, first, whether a lawyer or members of the lawyer's law firm may appear to argue cases before a quasi-judicial administrative panel when a current client of the lawyer assumes a position on the panel. Second, you asked whether those attorneys may appeal an adverse decision by the panel through a writ of certiorari which, by definition, must name the individual panel members as party defendants. The Committee was of the opinion that if such conduct would violate the appearance of fairness doctrine or other law, then it would violate RPC 8.4(d) prohibiting conduct that is prejudicial to the administration of justice.

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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.