Opinion 897

When lawyers or law firms are representing opposing parties in a pending matter, one lawyer or law firm can agree to represent the other in an unrelated matter if the lawyers reasonable believe that the proposed representation will not adversely affect (or be affected by) their other professional responsibilities and all of the clients involved, both current and prospective, consent to the arrangement in writing after disclosure of the material facts. Consent is not required unless it is possible that the prospective representation would materially limit (or be materially limited by) the lawyers' responsibilities to their present clients. Factors relevant to determining whether a prospective representation could materially limit a lawyer's existing responsibilities include the duration and intimacy of the lawyer's relationship with the client or clients involved, the functions being performed by the lawyer, the likelihood that the actual conflict will arise, and the likely prejudice to the client from the conflict if it does arise. This is an objective standard, to which the subjective expectations of the client are relevant only insofar as they are reasonable.

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.