Can a lawyer represent a client adverse to a client of a former firm if the lawyer never worked for that client?

Plain-English summary

A lawyer asked about potentially representing a client adverse to a client of the lawyer's former firm. The committee understood that the lawyer did not personally work for the adverse client while associated with the former firm and did not obtain confidences or secrets of that client. The lawyer referred to a previously executed written waiver of conflicts; because the committee did not have the language of that waiver, it offered no comment on it.

On the facts presented, the committee was of the opinion that there would be no violation of RPC 1.6 or RPC 1.9.

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 Treat this page as historical context, not current guidance.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 1.6 corresponds to ABA Model Rule 1.6 (confidentiality) and RPC 1.9 to ABA Model Rule 1.9 (duties to former clients).

Common questions

Q: Can a lawyer take a matter adverse to a former firm's client?

A: The committee said that, where the lawyer never personally worked for that client and got no confidences or secrets, there would be no violation of RPC 1.6 or 1.9 on the facts presented.

Q: Did the committee rely on the written conflict waiver?

A: No. The committee said that because it did not have the language of the waiver, it had no comment on it; its conclusion rested on the facts about the lawyer's lack of involvement and confidences.

Background and rules framework

The opinion applied RPC 1.6 (confidentiality, corresponding to ABA Model Rule 1.6) and RPC 1.9 (duties to former clients, ABA Model Rule 1.9). The committee tied the absence of a violation to the lawyer's lack of personal work for the adverse client and the absence of confidences or secrets, the facts those rules turn on.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality); Washington RPC 1.6
• ABA Model Rule 1.9 (duties to former clients); Washington RPC 1.9

See also

• WA Ethics Op. 1078: Litigation Against a Partner's Former Client
• WA Ethics Op. 1350: Former Assistant AG Suing a Former Client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=699

Original opinion text

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

Advisory Opinion: 1616
Year Issued: 1995
RPC(s): RPC 1.6; 1.9
Subject: Conflict of interest; representation of client adverse to client of former firm

The Committee reviewed your inquiry regarding potential representation of a client adverse to a client of your former law firm. The Committee understood the facts to be that you did not personally work for the adverse client while you were associated with your former law firm, nor obtained confidences or secrets of that client. You refer to a written waiver of conflicts which was previously executed. Since the Committee did not have the language of that waiver, the Committee had no comment on it. However, the Committee was of the opinion that under the facts presented there would be no violation of Rules 1.6 or 1.9 of the Rules of Professional Conduct.