Advisory Opinion: 1688

Year Issued: 1996

RPC(s): RPC 1.7(a); 1.9(b)

Subject: Conflict of interest; lawyer's former client may be witness in case on behalf of new client

The Committee reviewed your inquiry regarding representation of a new client in a civil action arising from a rape charge brought by a daughter of a former client of your law firm and in which the former client may testify as a witness. The Committee was of the opinion that you could represent the new client, but that RPC 1.9(b) would prohibit you from disclosing any confidences or secrets of the former client. The Committee was of the opinion that if you did agree to undertake representation of the new client, RPC 1.7(a) would require you to obtain the informed written consent of the new client to proceed with the representation with the understanding that you could not use any confidences or secrets of the former client.

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.