WSBA 1992

After leaving government, can a lawyer use public information about an expert witness that the lawyer learned on the government job?

Short answer: The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from using public information about an expert witness that the lawyer learned while employed by a government agency.

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This page answers the general question as of 1992. 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 Not binding precedent.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

A lawyer asked about using information learned about an expert witness while the lawyer was employed by a government agency. The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from using such public information learned while employed by the government agency.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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 former government lawyer use public information about an expert witness learned on the job?

A: The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits using such public information learned while employed by the government agency.

Q: What distinguishes this from the usual former-government-lawyer limits?

A: The committee framed the information as public, which it treated as outside the restrictions that otherwise apply to a lawyer's move from government to private practice.

Background and rules framework

The opinion applied RPC 1.11 (successive government and private employment), corresponding to ABA Model Rule 1.11, which restricts a former government lawyer's later use of confidential government information. The committee concluded the rule did not reach the lawyer's use of public information about an expert witness gained during the government employment.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.11 (special conflicts for former and current government officers and employees); Washington RPC 1.11

Source

Landing page: https://ao.wsba.org/print.aspx?ID=577

Original opinion text

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

Advisory Opinion: 1497
Year Issued: 1992
RPC(s): RPC 1.11
Subject: Successive government and private employment; use of public information obtained while government employee

The Committee reviewed your inquiry regarding the use of information a lawyer learned about an expert witness while the lawyer was employed by a government agency. The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from using such public information learned while employed by the government agency.

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