Washington State Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Washington State Bar Association, with full citations and source links on every page.
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Can a firm sue a city over a development when it represents the developer's architect on an unrelated matter but plans to withdraw, and the architect is not a party?
The committee concluded that, on the facts presented, there was no conflict of interest preventing the firm from undertaking the proposed representation.
Can a lawyer take a case against a parent whom the lawyer's former law partner once represented in a related matter?
The committee concluded the matter was governed by RPC 1.10, and that the lawyer had to determine whether he held confidences or secrets of the objecting party; if he did, the rule would require his d…
Can a lawyer give a prosecutor client information to rebut a former client's claim of ineffective assistance of counsel?
The committee was of the opinion that, on the facts presented, RPC 1.6 requires the lawyer not to disclose confidences or secrets of the former client to the prosecuting attorney unless ordered to do …
Can a lawyer who sometimes represents guardians ad litem also represent clients whose interests are adverse to a guardian ad litem?
The committee was of the opinion that whether a conflict exists depends on whether the lawyer is representing a guardian ad litem at the same time as a client adverse to that guardian ad litem, and th…
Can a former agency law clerk bring a class action against that agency over a legal violation discovered while employed there?
The committee was of the opinion that the lawyer could not represent a class action against the former government employer over a violation discovered during the employment, because doing so would vio…
Can a firm that once represented a couple now represent the opposing insurer in those former clients' personal injury suit?
The committee was of the opinion that if the matters are substantially related the firm must withdraw under RPC 1.9(a), and that even if they are not substantially related the firm must still withdraw…
Can a lawyer a husband consulted about a criminal case later represent the wife in their divorce, when the wife sat in on that consultation?
The committee was of the opinion that the lawyer was correct to withdraw, because the husband had disclosed confidences and secrets that RPC 1.9 prohibits using against him, and the wife's presence du…
Can a lawyer represent a state agency in third-party claims while also representing other clients who are adverse to that agency?
The committee was of the opinion that the lawyer could represent the agency so long as it was not directly adverse to another client under RPC 1.7(a); if interests were adverse, or if the lawyer took …
Can a former Assistant Attorney General sue a college he once advised, both on his own behalf and for other clients?
The committee was of the opinion that the lawyer could pursue his own contract claim because RPC 1.6 permits disclosing confidences as needed to establish a claim against a former client, and the othe…
Can a lawyer who once represented a public agency later appear before that agency for a private client in a related matter?
The committee was of the opinion that, on the facts presented and where the lawyer holds no confidential information beyond what came out in public hearings, there is no conflict under RPC 1.9 and 1.1…
Can a client sign an advance consent agreement waiving any future objection to the lawyer later representing an adverse party?
The committee concluded that a lawyer may not prospectively obtain a consent waiving all future objection to representing an adverse party, even where the conflict was identified in advance; the forme…
Can a lawyer release a former client's information to the news media because the lawyer believes the former client may commit future crimes?
The committee concluded that RPC 1.6(b)(1) permits disclosure to prevent a client crime only on an objectively reasonable belief, not a subjective one, and that without specific objective facts the la…
Must a lawyer report another lawyer's misconduct when doing so would reveal a client secret and harm a former client?
The committee concluded the duty to report under RPC 8.3 yields where reporting would disclose a client secret protected by RPC 1.6, as it would here; but RPC 1.6(b)(2) would permit disclosure if need…
Can a firm keep representing a husband in a dissolution when the wife once briefly consulted an associate who has since left the firm?
The committee was of the opinion that, because the firm holds no confidences or secrets of the wife and the associate she consulted is no longer with the firm, there is no violation of RPC 1.10(c)(2) …
Can a lawyer keep representing clients in one suit when a nominal former client, for whom the lawyer holds no confidences, is adverse to them in an unrelated suit?
The committee was of the opinion that, if the lawyer has no confidences or secrets of the person for whom the lawyer entered a notice of appearance, and assuming the lawyer is permitted to withdraw fr…
Can a lawyer who drafted wills for both spouses later represent the husband in a divorce against the wife?
The committee was of the opinion that in drafting the wills the lawyer necessarily obtained confidences and secrets from both spouses, so the lawyer could not now represent the husband adversely to th…
Can a lawyer who handled a man's divorce later represent his new wife in her divorce from him?
The committee was of the opinion that the new representation was substantially related to the prior dissolution, so the lawyer could undertake it against the former client only by complying with RPC 1…
How do you decide whether a prior attorney-client relationship existed so that taking a new matter creates a conflict?
The committee was of the opinion that whether an attorney-client relationship previously existed depends on what a reasonable person in the 'client's' position would have believed; if such a person wo…
Can a lawyer keep representing a client against a person who has become the client of another lawyer in the same firm?
Only with consent. The committee was of the opinion that RPC 1.7 and/or 1.9 would bar the firm from continuing to represent the client in the dispute unless each party consented to the representation …
Is a lawyer or his new firm disqualified from suing parties his former firm defends, when he did no work on the matters at the old firm?
No, on the facts presented. The committee was of the opinion that neither RPC 1.9 nor RPC 1.10 disqualified the lawyer or his firm from representing plaintiffs against parties his former firm defends,…
Can a lawyer represent a wife in a dissolution when a partner in the firm earlier defended the husband on an unrelated criminal charge?
Yes. Based on the facts presented, the committee agreed with the inquiring lawyer's analysis that RPC 1.9 created no conflict of interest preventing the lawyer from continuing to represent the wife, d…
Can a lawyer share a referred fee with the lawyer who made the referral when that referral may create a conflict of interest for the referring lawyer?
It depends on the matter. The committee was of the opinion that the lawyers could enter a reasonable fee-sharing agreement on the original products-liability case, but that on the related negligence c…
After a firm represented both spouses in estate planning, can a firm lawyer represent the wife in a divorce over the husband's later objection if he gave written consent?
The committee was of the opinion that where the husband had given written consent (including acknowledgement of his right and opportunity to seek counsel) to the lawyer representing the wife in the di…
Can a lawyer who switched firms work on a case against a former firm's client if the lawyer never touched that client's matters?
Yes. The committee concluded that where the lawyer had not worked on the cases or any other matters for the former firm's clients and had acquired no confidences or secrets, nothing in the Rules of Pr…
Can a lawyer reveal client confidences to defend against a former client's malpractice and fraud claims?
Yes. The committee concluded that, where a lawyer faces a cross-complaint alleging fraud, malpractice, and similar claims, RPC 1.6(b) permits revealing confidences or secrets to the extent reasonably …
Can a lawyer sue a former client for slander about the representation and reveal client confidences to prove the case?
Yes. The committee concluded that a lawyer may take legal action against a former client for slanderous statements about the lawyer's prior representation, because RPC 1.6 permits revealing confidence…
Can a lawyer sue a defendant whom the lawyer's partner once represented in an unrelated dissolution and will?
Yes. The committee concluded RPC 1.9 did not prohibit the representation because the auto-accident case was not substantially related to the partner's earlier dissolution and will work for the defenda…
Can a lawyer who left a federal agency join a firm that sues the agency, and can the firm screen the lawyer from cases he worked on?
Per the opinion, the lawyer may work on matters adverse to the former agency in which he had no involvement; for cases he participated in 'personally and substantially,' RPC 1.11 bars his involvement …
Must a firm withdraw from a case against a party who earlier delivered documents to the firm when it was consulted on a different matter?
Per the opinion, no; assuming an attorney-client relationship existed when the now-adverse party delivered documents, RPC 1.9 did not compel withdrawal because the pending proceeding was not substanti…
Can a lawyer represent a husband in post-dissolution proceedings when the lawyer's former firm once consulted the wife, if the lawyer learned no confidences?
The committee concluded that a lawyer who was formerly with a firm the wife had consulted about a dissolution, but who gained no confidences, was not prohibited by RPC 1.10(b) from representing the hu…
If a law firm hires a lawyer from a public defender office that represented an adverse co-defendant, must the firm withdraw?
The committee concluded that under RPC 1.10(b) a firm representing a criminal defendant on appeal had to withdraw if it hired, as an associate, a lawyer who had represented the co-defendant who testif…
Can a lawyer oppose a person who was the codefendant of a prior client, when the lawyer never gained that person's confidences?
The committee concluded that, because the lawyer represented a co-defendant who had a cross-claim against A and shared no confidences or secrets of A, the rules would not prohibit the lawyer from now …
Can a firm sue someone its lawyer once defended on a DWI charge, when the new auto-accident case arises from related facts?
The committee concluded that the prior DWI representation was substantially related to the auto-accident suit, so under RPC 1.9 the firm could not continue representing the plaintiffs without the form…
Can a lawyer who represented both spouses now represent the wife in seeking a guardianship over her disabled husband?
The committee reached no definitive answer, but discussed that RPC 1.9(b) would bar the representation if it would use confidences or secrets about the husband from the prior work; it saw the guardian…
Can a firm sue a former client on a matter unrelated to the work it once did for that client?
The committee concluded that, because the firm's prior representation of the developer was unrelated to the new suit against him, the firm could represent the new client provided the representation wo…
Can a lawyer represent someone harmed by a former client, when the new case turns on the former client's conduct?
The committee concluded that RPC 1.9 would let the lawyer take the new representation only with the former client's consent after full disclosure; because obtaining that consent could be detrimental t…
If a former client is spreading false statements about the firm, can the lawyer reveal the client's confidences to respond?
The committee concluded that RPC 1.6 would not permit revealing the former client's confidences or secrets, but the lawyer could send a letter (including to others) stating that the client's statement…
If two people with adverse claims arising from one person's death each consulted the same firm, can the firm represent either of them?
The committee concluded that RPC 1.9 prohibited any lawyer in the office from representing either potential claimant, because the office had an attorney-client relationship with each side and might re…
Can a lawyer who formed and represented a closely held corporation or partnership take a matter adverse to its owner or in a partnership dissolution?
No. The committee concluded that a lawyer who formed and represented a one-shareholder professional services corporation cannot represent others in a dispute with its owner, who could reasonably belie…
Does a lawyer representing a corporation against its employee's unemployment claim face a former-client conflict or a lawyer-as-witness problem?
On the limited facts, the committee could only say the lawyer representing the corporation contesting the employee's unemployment claim had to comply with RPC 1.9, and noted that if the lawyer would b…
Can a lawyer represent the law firm in a lawsuit against a former client when firm lawyers would be witnesses?
The committee concluded that a lawyer could not represent the firm in litigation with a former client because the firm witnesses' testimony would not relate to the nature and value of legal services i…
When a lawyer moves to a firm that opposes clients of the lawyer's old firm, is the new firm disqualified?
The committee concluded that, so long as the moving lawyer has no actual knowledge of the adverse parties' confidences or secrets and is not involved in the case, RPC 1.10 would not disqualify the new…
Can a lawyer represent a party against a former client in unrelated litigation?
On the facts presented, the committee concluded that representing parties adverse to a former client in unrelated litigation does not violate RPC 1.7, because there was no present attorney-client rela…
If a lawyer is an unsecured creditor of a former client and knows of assets the client hid in bankruptcy, can the lawyer disclose them?
The committee concluded that assets a lawyer learned of during a representation and knows the former client did not disclose in bankruptcy are confidences or secrets, so RPC 1.6 and 3.3(a)(2) preclude…
If the lawyer probating an estate teams up with a lawyer who earlier represented a beneficiary, can either keep working on the estate?
On the limited facts, the committee concluded that where the attorney probating an estate became associated with a second attorney who had previously represented one of the adult beneficiaries in prot…
If a lawyer leaves a firm to work as a contract attorney for several firms, can the new firms take cases against the old firm?
On the facts presented, the committee found no ethical impropriety in a departing contract lawyer associating with firms adverse to the former firm's clients, as long as the lawyer was not involved in…
If two lawyers who are not in the same firm share office space, what must each do to keep the other from learning client confidences and secrets?
The committee found the inquiring lawyer's described office-sharing procedures adequate, and reminded the lawyer to guard against the office-mate overhearing client confidences and secrets and that th…
Does a lawyer's duty of confidentiality under RPC 1.6 continue after the client dies?
The committee concluded that the RPC 1.6 confidentiality obligation continues after the client's death. After death, the lawyer may disclose protected information only with the client's prior informed…
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Legal ethics opinions from the Washington State Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.