Opinion 1740

You ask whether an attorney may be in an "of counsel" relationship to more than one firm.

It is the Committee's opinion that while there is no ethical prohibition on the proposed arrangement, there are implications for various Rules of Professional Conduct, particularly RPC 1.6 and 1.7. In addition, the Committee incorporates by reference ABA Formal Opinion 90-357 (attached), and particularly the following language:

"There can be no doubt that an of counsel lawyer (or firm) is "associated in" and has an "association with" the firm (or firms) to which the lawyer is of counsel, for purposes of both the general imputation of disqualification pursuant to Rule 1.10 of the Model Rules and the imputation of disqualifications resulting from former government service under Rules 1.11(a) and 1.12(c); and is a lawyer in the firm for purposes of Rule 3.7(b), regarding the circumstances in which, when a lawyer is to be a witness in a proceeding, the lawyer's colleague may none the less represent the client in that proceeding."

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.