Advisory Opinion: 975

Year Issued: 1986

RPC(s): RPC 1.9

Subject: Conflict of interest; lawsuit against former client in unrelated matter


[A law firm represented a developer regarding zoning plat A. Several years after the completion of that representation, a homeowner's association retained the law firm to sue the developer for construction deficiencies in plat B, which is unrelated to plat A.] Based upon the facts as set out in your inquiry, it appears that your firm's previous representation of [the developer], is not related to the present litigation between [the homeowner's association] and [the developer] and therefore you could undertake to represent [the homeowner's association] provided that such representation would not involve any secrets or confidences you gained during your representation of [the developer].

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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.