Opinion 1785

Facts Presented: Lawyer at two person law firm is partner with a contract public defender for the Juvenile Department of the county. Lawyer was retained to pursue several assault damage claims that arose from the conduct of a juvenile. His partner was thereafter assigned to defend the juvenile who allegedly committed the assault. Partner was permitted to withdraw by the court. The partner did not discuss the case with the juvenile other than to inform him of the conflict.

Question Presented: Is it necessary for lawyer to withdraw as attorney for the civil plaintiff because of the assignment received by his partner under the public defender contract?

Applicable Rules: RPC 1.6, 1.7, 1.9, and 1.10.

RPC Committee Opinion: The Committee does not believe the inquiring lawyer is required to withdraw from representation of the plaintiff in the civil case action under the facts as set forth in the inquiry, assuming that no confidences or secrets within the meaning of RPC 1.6(a) were received by the lawyer's partner.

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.