Advisory Opinion: 962

Year Issued: 1986

RPC(s): RPC 1.9

Subject: (Needs language)

The Committee understood the facts to be that your office had been consulted by the mother of a former client regarding possible claims growing out of her son's death. She advised you that the son had a surviving child born out of wedlock. You were then contacted by the mother of the surviving child regarding the bringing of a claim on behalf of the minor child. The mother of the deceased is now denying that her son had a surviving child and wants to make a claim on her own behalf as the sole survivor. The Committee was of the opinion that Rule 1.9 of the Rules of Professional Conduct would prohibit any lawyer in your office from representing either the mother of the deceased or the mother and minor child because of the existence of the attorney-client relationship with each of those parties, and the consequent revelation of confidences or secrets.

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.