When a lawyer moves to a firm that opposes clients of the lawyer's old firm, is the new firm disqualified?
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This page answers the general question as of 1986. 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 came from a lawyer now employed by a firm that represented parties adverse to other parties represented by the lawyer's former firm. The question was whether the lawyer's presence imputed a disqualification to the new firm under RPC 1.10.
The committee was of the opinion that, so long as the lawyer has no actual knowledge of the confidences or secrets of the adverse parties and is not involved with the case, RPC 1.10 would not disqualify the new firm from continuing to represent its clients. The committee tied its conclusion to the absence of actual knowledge of confidences and the lawyer's non-involvement in the matter.
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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.
Common questions
Q: Does a lateral hire automatically disqualify the new firm from cases against the old firm's clients?
A: Under this 1986 opinion, no. The committee concluded RPC 1.10 would not disqualify the new firm where the moving lawyer has no actual knowledge of the adverse parties' confidences or secrets and is not involved in the case.
Q: What facts did the committee rely on?
A: That the lawyer had no actual knowledge of the adverse parties' confidences or secrets and was not involved with the case.
Q: What rule governs imputing one lawyer's conflict to the whole firm?
A: RPC 1.10, which addresses imputed disqualification within a firm.
Background and rules framework
RPC 1.10 (Washington's version of ABA Model Rule 1.10) addresses when one lawyer's conflict is imputed to the other lawyers in the lawyer's firm. The committee applied RPC 1.10 to a lawyer who had moved firms, and concluded the new firm was not disqualified where the lawyer lacked actual knowledge of the adverse parties' confidences and was not involved in the matter.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.10 (imputation of conflicts of interest)
- Washington RPC 1.10
See also
- ABA Formal Op. 510: Avoiding Imputation of a Prospective-Client Conflict
- NY State Bar Op. 794: Law School Clinic Conflicts and Imputation
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=133
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Rules of Professional Conduct Committee reviewed your recent inquiry concerning your present employment with a law firm which represents parties who are adverse to other parties represented by your former law firm employer. The Committee was of the opinion that so long as you have no actual knowledge of confidences or secrets of the adverse parties and you are not involved with case, RPC 1.10 would not disqualify your present law firm from continuing representation of their clients.
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