Can a firm represent a client suing a school district that belongs to a risk pool the firm also represents?

Plain-English summary

A firm asked about being requested to represent a client in a contract dispute with a school district that is a member of a risk pool the firm also represents. The committee was of the opinion that the firm could represent both clients only if it complied with the requirements of RPC 1.7(a).

Currency note

This opinion was issued in 1995, 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 Treat this page as historical context, not current guidance.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. RPC 1.7 corresponds to ABA Model Rule 1.7 on concurrent conflicts of interest.

Common questions

Q: Can a firm take a case against a risk-pool member it also represents?

A: The committee said the firm could represent both clients only if it complied with the requirements of RPC 1.7(a).

Q: Is the conflict automatically disqualifying?

A: The committee did not treat it as an absolute bar; it conditioned dual representation on satisfying RPC 1.7(a).

Background and rules framework

The opinion applied RPC 1.7(a) (concurrent conflicts of interest, corresponding to ABA Model Rule 1.7). The committee framed the firm's simultaneous representation of a client adverse to a member of a risk pool the firm also represents as a conflict that RPC 1.7(a) must resolve before the firm proceeds.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.7 (concurrent conflicts of interest); Washington RPC 1.7(a)

See also

• WA Ethics Op. 1214: Insurer Receiver and Individual Insureds Conflict
• WA Ethics Op. 1078: Litigation Against a Partner's Former Client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=698

Original opinion text

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

Advisory Opinion: 1615
Year Issued: 1995
RPC(s): RPC 1.7(a)
Subject: Conflict of interest; law firm represents client adverse to member of risk pool also represented by firm

The Committee reviewed your inquiry in which your law firm has been requested to represent a client in a matter involving a contract dispute with a school district which is a member of a risk-pool also represented by the law firm. The Committee was of the opinion that your firm could only represent both clients if it complied with the requirements of RPC 1.7(a).