Advisory Opinion: 1663

Year Issued: 1996

RPC(s): RPC 1.9; 1.10(c)

Subject: Conflict of interest; conflicts checking procedure; conflicts continue indefinitely

The Committee discussed your inquiry regarding how many years back you are required to check for conflicts of interest. The Committee determined that once an attorney has a conflict, the conflict continues indefinitely. As long as the attorney continues to practice in the firm, then you need to check for conflicts as far back as that attorney has been in practice. Subject to the limitations listed in RPC 1.10(c), however, after an attorney leaves the firm, the firm may then represent a person with interests materially adverse to those of the formerly associated attorney.

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.