Opinion 1778

Facts Presented: A former deputy prosecuting attorney wishes to represent indigent criminally accused defendants in an appellate practice. The defendants may have had cases pending in the prosecuting attorney's office during the time period the lawyer was employed in that office. The lawyer would not represent individuals on cases in which he participated substantially as a prosecuting attorney.

Question Presented: Are the RPCs violated when a former prosecuting attorney commences appellate representation of a criminally accused in a case that was pending in the prosecuting attorney's office prior to the lawyer leaving that office, even though the lawyer had not participated in the case personally and substantially?

Applicable Rules: RPC 1.4(b), 1.7(b), 1.9(a), 1.11(b)

RPC Committee Opinion: There is no violation of the RPCs under the facts presented as long as the lawyer complies with RPC 1.7(b). Under the facts presented, RPC 1.11(b) and 1.9(a) are not violated as long as the lawyer had not participated personally and substantially as a public officer in the matter. The committee believes that under 1.4(b) it may be necessary for the lawyer to advise the client of the previous employment with the prosecuting attorney's office.

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.