WSBA 1991

Must a lawyer tell the client that the adverse party is represented by the court commissioner's former lawyer?

Short answer: The committee was of the opinion that if it were pertinent to the client's case, RPC 1.1 and 1.4(b) would require disclosing that the adverse party is represented by the commissioner's former lawyer; whether to object to that commissioner is a practice question, not an ethics question.

Apply this to your situation

This page answers the general question as of 1991. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The committee was of the opinion that if it were pertinent to a client's case to know that an adverse party was represented by a court commissioner's former lawyer, RPC 1.1 and 1.4(b) would require the lawyer to disclose that information to the client.

As to what to do if a client objects to appearing before that commissioner, the committee was of the opinion that this does not present an ethical question, but is rather a practice question on which the committee could render no opinion.

Currency note

This opinion was issued in 1991, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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: Must a lawyer tell the client the opposing lawyer once represented the commissioner?

A: Under this 1991 opinion, if that fact is pertinent to the client's case, RPC 1.1 and 1.4(b) would require disclosing it to the client.

Q: Should the client object to appearing before that commissioner?

A: The committee was of the opinion that this is a practice question, not an ethical one, on which it could render no opinion.

Background and rules framework

At the time of this opinion, Washington's RPC 1.1 required competent representation and RPC 1.4(b) required explaining matters to the extent reasonably necessary for the client to make informed decisions, the subjects the Model Rules place in Rules 1.1 and 1.4. The committee tied the disclosure duty to the information's pertinence and left the tactical decision about the commissioner outside its advisory function.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.1 (competence)
ABA Model Rule 1.4 (communication)
Washington RPC 1.1, 1.4(b)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=489

Original opinion text

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

The Committee was of the opinion that if it were pertinent to a client's case to know that an adverse party was represented by a court commissioner's former lawyer, the RPC 1.1 and 1.4(b) would require that you disclose that information. Regarding your question of what to do if a client objects to appearing before that Commissioner, the Committee was of the opinion that that does not present an ethical question, but is rather a practice question on which the Committee could render no opinion.

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