Advisory Opinion: 1755

Year Issued: 1997

RPC(s): RPC 1.7(b); 1.11

Subject: Conflict of interest; lawyer prosecuting defendant and opposing same defendant in civil case

[The inquiry concerned] conflict of interest issues in a situation where you are prosecuting a defendant in a case while also opposing the same defendant in a civil case.

1. It is the committee's opinion that your representation of private parties while at the same time representing the city against such parties does not comply with the RPC 1.11.

2. To the degree that your independent judgment would be affected, for either representing the city or the private parties, your conduct would not comply with RPC 1.7(b).

3. If the conflict of interest is likely to occur under 1.7(b), client consent may not necessarily cure the conflict since the conflict may not be waivable.

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.