Opinion 1733

I have been instructed to respond to your ethics inquiry regarding whether there is a conflict of interest for an attorney to represent the plaintiff in a sex harassment lawsuit when the alleged harasser briefly discussed the harassment allegations with the attorney's former law partner. The discussion occurred while the attorney was still a partner at the (now former) law firm.

The Committee concluded that there are insufficient facts to analyze either the conflict of interest question or whether an attorney/client relationship between the alleged harasser and the former law partner exists with respect to the sex harassment lawsuit. The reasonable belief of the client controls on the question of whether an attorney/client relationship exists. The inquiring attorney may wish to consider requesting a court ruling on the conflict of interest issue.

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.