Is it a conflict of interest for a government lawyer to prepare legal documents for a party who was aggrieved by an order the same lawyer obtained?
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This page answers the general question as of 1999. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry asked whether it is a conflict of interest for a government lawyer to prepare legal documents for non-clients who were aggrieved by orders the government lawyer had obtained. The committee concluded that preparing appellate documents for such an aggrieved party is a violation of RPC 1.7.
The committee added that RPC 5.2 binds a lawyer to follow the Rules of Professional Conduct even when directed by another lawyer to the contrary.
Currency note
This opinion was issued in 1999, 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 Treat this page as historical context, not current guidance.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 1.7 (conflict of interest: current clients) was restructured in the 2006 revisions, and RPC 5.2 (responsibilities of a subordinate lawyer) was carried forward, so verify the current rule text before relying on it.
Common questions
Q: Can a government lawyer draft legal documents for a party who lost on an order that same lawyer obtained?
A: No. The committee concluded that preparing appellate documents for a party aggrieved by orders the government lawyer had obtained is a violation of RPC 1.7.
Q: Does it matter if another lawyer directs the government lawyer to do it?
A: No. The committee said RPC 5.2 binds a lawyer to follow the Rules of Professional Conduct even when directed by another lawyer to the contrary.
Background and rules framework
The opinion applied Washington RPC 1.7 (conflict of interest), corresponding to ABA Model Rule 1.7, to a government lawyer who would assist a party adverse to the position the lawyer had taken in obtaining the underlying orders. It also applied RPC 5.2 (responsibilities of a subordinate lawyer), corresponding to ABA Model Rule 5.2, for the point that a directive from another lawyer does not excuse a violation of the Rules.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.7 (conflict of interest: current clients); Washington RPC 1.7
- ABA Model Rule 5.2 (responsibilities of a subordinate lawyer); Washington RPC 5.2
See also
- WA Ethics Op. 1340: Defense Appointments Conflicts
- WA Ethics Op. 1854: Hiring a Prosecutor's Ex-Aide
- WA Ethics Op. 1574: Prosecutor Engaged to a Police Officer
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=1064
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1871
Year Issued: 1999
RPC(s): RPC 1.7; 5.2
Subject: Conflict of interest; government lawyer preparing legal documents for parties appearing before government agency
The inquirer asked if it is a conflict of interest for a governmental lawyer to prepare legal documents for non-clients aggrieved by orders obtained by the governmental lawyer. The preparation of appellate documents for an aggrieved party is a violation of RPC 1.7. RPC 5.2 binds a lawyer to follow the Rules of Professional Conduct though directed by another lawyer to the contrary.
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