Advisory Opinion: 1641

Year Issued: 1995

RPC(s): RPC 1.9

Subject: Conflict of interest; lawyer represents client adverse to insurance company that insured prior client

The Committee was of the opinion that if, as you state, you have never represented [Insurance Company] and have no confidences or secrets regarding [the Insurance Company], the Washington Rules of Professional Conduct do not preclude you from representing a client against a party insured by [the Insurance Company] merely because you previously represented a client insured by [the Insurance Company]. This Committee, however, issues opinions only on the Washington RPCs. The Committee renders no opinions on whether, in representing a client insured by [the Insurance Company], you may also have represented [the Insurance Company] under Oregon law.

If, contrary to your statement, [the Insurance Company] was your client under Oregon law, this will pose a former client problem under RPC 1.9 if the current representation is substantially related to your prior representation of [the Insurance Company] or you acquired confidences or secrets relating to [the Insurance Company].

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.