Can a lawyer represent a fellow lawyer in the same firm in that firm member's own lawsuit?
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This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer represented an associate in his firm in a lawsuit for specific performance of an earnest money agreement. The committee was of the opinion that RPC 3.7 would prohibit one lawyer in a law firm from representing another lawyer in the same law firm in litigation as described in the inquiry.
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 3.7 on a lawyer as a witness was later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can one lawyer in a firm represent a colleague at the same firm in that colleague's lawsuit?
A: Under this opinion, no. The committee was of the opinion that RPC 3.7 would prohibit one lawyer in a law firm from representing another lawyer in the same firm in the litigation described.
Q: What was the underlying case?
A: The associate had sued for specific performance of an earnest money agreement, and a lawyer from the same firm proposed to represent him.
Background and rules framework
The opinion applies Washington RPC 3.7 on a lawyer as a witness, corresponding to Model Rule 3.7, to one firm lawyer representing another firm lawyer in litigation. The committee read the rule to prohibit that representation on the facts described.
Citations and references
Rules of Professional Conduct:
- Washington RPC 3.7 (lawyer as a witness), corresponding to Model Rule 3.7.
See also
- WSBA Ethics Op. 1042: a firm lawyer representing the firm in litigation against a former client
- WSBA Ethics Op. 998: a firm lawyer as an impeachment witness when a colleague tries the case
- WSBA Ethics Op. 1003: a lawyer-witness may continue representation outside the trial itself
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=152
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1041
Year Issued: 1986
RPC(s): RPC 3.7
Subject: Lawyer as witness; representation of associate in litigation
The lawyer represented an associate in his firm in a lawsuit for specific performance of an Earnest Money Agreement. The Committee was of the opinion that RPC 3.7 would prohibit one lawyer in a law firm from representing another lawyer in the same law firm in litigation as described by you.
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