Advisory Opinion: 1739

Year Issued: 1997

RPC(s): RPC 1.7(b)(1); 1.7(b)(2)

Subject: Conflict of interest; representation limited by friendship with person who may have claim against board member of client


I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry involving a potential conflict of interest in representing Homeowner's Association and being the long time personal friend with the association's manager. The manager may have a claim against one of the association's board members.

Upon review, the RPC Committee determined that RPC 1.7(b)(1) and (2) apply, and from the facts presented, the committee believes that your representation of the Homeowner's Association board may be materially limited by your relationship with and responsibilities to the association manager.

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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.