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WSBA 1993

Is there a conflict of interest when the same prosecutor both prosecutes criminal charges and brings a related civil forfeiture proceeding?

Short answer: The committee concluded there is no conflict of interest in the same lawyer bringing both the criminal prosecution and the civil forfeiture proceeding.

Apply this to your situation

This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1993
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 whether there is a conflict between prosecuting criminal charges and bringing civil forfeiture proceedings. The committee was of the opinion that there is no conflict in bringing the two causes of action.

Currency note

This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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 the same prosecutor bring both criminal charges and a civil forfeiture proceeding?

A: The committee said there is no conflict of interest in the same lawyer bringing the two causes of action.

Q: Did the committee identify any limiting conditions?

A: The opinion stated its conclusion without qualification, finding no conflict in bringing the two causes of action.

Background and rules framework

The opinion applied RPC 1.7 (corresponding to ABA Model Rule 1.7), the current-client conflict rule. The committee found that a prosecutor's pursuit of a criminal charge and a parallel civil forfeiture, both on behalf of the State, did not place the lawyer in a conflicting position.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 1.7 (conflict of interest; current clients); Washington RPC 1.7

See also

Source

Original opinion text

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

Advisory Opinion: 1542
Year Issued: 1993
RPC(s): RPC 1.7
Subject: Conflict of interest; same lawyer prosecuting criminal charges and bringing civil forfeiture proceedings

The Committee reviewed your inquiry concerning whether there is a conflict between your actions in prosecuting criminal charges and in bringing civil forfeiture proceedings. The Committee was of the opinion that there is no conflict in bringing the two causes of action.

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