How many years back does a law firm have to check for conflicts of interest?

Plain-English summary

The inquirer asked how many years back a firm must check for conflicts of interest. The committee determined that once an attorney has a conflict, the conflict continues indefinitely. As long as the attorney continues to practice in the firm, the firm needs to check for conflicts as far back as that attorney has been in practice.

The committee added that, subject to the limitations in RPC 1.10(c), after an attorney leaves the firm the firm may then represent a person whose interests are materially adverse to those of the formerly associated attorney's clients.

Currency note

This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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. Washington's RPC 1.9 and RPC 1.10 correspond to ABA Model Rules 1.9 (duties to former clients) and 1.10 (imputation of conflicts).

Common questions

Q: How far back does a firm have to check for conflicts?

A: The committee concluded that, because a conflict continues indefinitely, the firm must check as far back as each attorney still at the firm has been in practice.

Q: Does the duty to check shrink once an attorney has been at the firm for many years?

A: No. The committee tied the lookback to how long the attorney has practiced, not to time at the current firm, because the conflict does not expire while the attorney remains.

Q: Can the firm take a matter adverse to a departed attorney's former client?

A: The committee said that after an attorney leaves, the firm may represent a person with interests materially adverse to those of the formerly associated attorney's clients, subject to the limitations in RPC 1.10(c).

Background and rules framework

The opinion applied RPC 1.9 (duties to former clients, corresponding to ABA Model Rule 1.9) and RPC 1.10(c) (imputation of conflicts and the treatment of matters after a lawyer leaves a firm, corresponding to ABA Model Rule 1.10). The committee treated a conflict as persisting for as long as the attorney who holds it remains at the firm, which sets the depth of the required conflict check, and located the relief for departed-attorney matters in RPC 1.10(c).

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.9 (duties to former clients); Washington RPC 1.9
• ABA Model Rule 1.10 (imputation of conflicts); Washington RPC 1.10(c)

See also

• WA Ethics Op. 1659: Checking Conflicts When Changing Firms
• WA Ethics Op. 1655: Spouse's Public Defender Conflicts

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=745

Original opinion text

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

Advisory Opinion: 1663
Year Issued: 1996
RPC(s): RPC 1.9; 1.10(c)
Subject: Conflict of interest; conflicts checking procedure; conflicts continue indefinitely

The Committee discussed your inquiry regarding how many years back you are required to check for conflicts of interest. The Committee determined that once an attorney has a conflict, the conflict continues indefinitely. As long as the attorney continues to practice in the firm, then you need to check for conflicts as far back as that attorney has been in practice. Subject to the limitations listed in RPC 1.10(c), however, after an attorney leaves the firm, the firm may then represent a person with interests materially adverse to those of the formerly associated attorney.