Advisory Opinion: 986

Year Issued: 1986

RPC(s): RPC 1.7; 1.9

Subject: Conflict of interest; representation adverse to codefendant of prior client


Based upon the Committee's understanding that you represented a co-defendant with A who had a cross-claim against A, and that therefore you shared no confidences or secrets of A during your representation of the co-defendant, the Rules of Professional Conduct would not prohibit you from now representing parties adverse to A. The Committee did not fully understand your statements regarding the relevant protective order, and suggested that, assuming such an order exists, you should communicate with your former law firm to learn its terms which may be applicable to you.

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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.