Opinion 1746

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry regarding whether the Rules permit your alternating working for prosecutors' offices with working for a criminal defense firm. It is the opinion of the Committee that your request is directly dealt with by RPC 1.11. To the extent that additional issues and initial complications may arise, RPC 1.7 also applies.

The facts that you set forth included: (1) that you would not be representing a private client in connection with a matter that you personally participated in as a public officer RPC 1.11(a); (2) that you would not be disclosing confidential government information about a person acquired while you were a public officer, RPC 1.11(b); and (3) that you would not, while working as a public officer participate in matters involving a client for whom you had done work in the private sector, RPC 1.11(c)(1). Under the facts presented, the Committee concluded that you would appear to be in compliance with the Rules of Professional Conduct. Please note that the Rules also require you to comply with any additional conflict of interest rules that might be in effect for the city and county.

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.