Advisory Opinion: 1703

Year Issued: 1997

RPC(s): RPC 1.6(a); 1.7(b); 1.9(b); 1.10; ABA Model Rule 1.9(c)

Subject: Conflict of interest; lawyer's former client is witness for opposing party

(1) Your first question is whether you are required to withdraw as defense attorney in a medical malpractice case in which your former physician clients are now potential witnesses as treating physicians for the plaintiff. It is the RPC Committee's opinion that you are not disqualified assuming that you will not violate RPC 1.6(a), 1.7(b) or 1.9(b). You should also consider ABA Model Rule 1.9(c).

(2) Your next question is whether, assuming your withdrawal as counsel is required, another member of your law firm may represent the defendant as outlined in RPC 1.10. The Committee determined that RPC 1.10 does not apply to this situation.

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.