Can a lawyer who switched firms work on a case against a former firm's client if the lawyer never touched that client's matters?

Plain-English summary

The inquiry came from a lawyer who had left one law firm and joined a new firm that represented parties adverse to clients of the former firm. The committee took the facts to be that the lawyer had not worked on the cases while at the former firm, had not worked on any other matters for those clients, and had not acquired any confidences or secrets.

Based on those facts, the committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit the lawyer from now working on either case for the new firm.

Currency note

This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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 a lawyer who changed firms be adverse to a former firm's client?

A: Per the committee, yes, on these facts: because the lawyer never worked on the matters or acquired confidences, nothing in the rules barred working on the cases for the new firm.

Q: What fact made the difference?

A: That the lawyer had acquired no confidences or secrets and had done no work for those clients at the former firm. The committee's conclusion rested on that absence of acquired confidential information.

Background and rules framework

The opinion applied RPC 1.9 (duties to former clients) and RPC 1.10 (imputation of conflicts within a firm), corresponding to ABA Model Rules 1.9 and 1.10. The committee treated the lawyer's lack of any work on, and any confidences from, the former firm's clients as removing the basis for a former-client conflict, so neither rule barred the new adverse representation.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.9 (duties to former clients); Washington RPC 1.9
• ABA Model Rule 1.10 (imputation of conflicts of interest); Washington RPC 1.10

See also

• WSBA Ethics Op. 1229: Adverse Parties, Unrelated Suits
• WSBA Ethics Op. 1465: Lawyer Adverse to Former Firm's Client
• WSBA Ethics Op. 1731: Suing a Former Firm's Client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1151

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1115
Year Issued: 1987
RPC(s): RPC 1.9; 1.10
Subject: Conflict of interest; new firm represents clients adverse to clients of former firm

The Committee considered your inquiry concerning your obligations in a situation where you have left one law firm and joined a new law firm which represents parties adverse to clients of your former law firm. The Committee understands the facts to be that you had not worked on the cases while a member of the former firm nor had you worked on any other matters for those clients, and had not acquired any confidences or secrets.

Based upon these facts, the Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit you from now working on either case for your new law firm.