Advisory Opinion: 985

Year Issued: 1986

RPC(s): RPC 1.7(b)

Subject: Contract attorney; employment by lawyers who frequently appear as opposing counsel

The Committee was of the opinion that your proposal to freelance for two different attorneys who frequently work against one another on family law cases, as presented by you, is permissible under the Rules of Professional Conduct. The Committee understands that you would not be working on any cases in which the two attorneys were representing adverse parties. The Committee also wanted to caution you that you would have to guard against any disclosure of confidences or secrets which you happened to obtain while associating with either lawyer. In addition, the Committee was of the general opinion that if any services you perform for one of the lawyers would materially limit your representation of a client of the other lawyer, then you could not so act under RPC 1.7(b).

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.