WSBA 1987

Does a criminal defendant's threat to sue the prosecutor create a conflict that bars the prosecutor from continuing the case?

Short answer: No. The committee was of the opinion that when a prosecuting attorney has been threatened with a lawsuit by a criminal defendant, the prosecutor is presented with no conflict such as to prevent the prosecutor from continuing to prosecute the defendant.

Apply this to your situation

This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1987
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The committee was of the opinion that when a prosecuting attorney had been threatened with a lawsuit by a criminal defendant, the prosecutor would be presented with no conflict such as to prevent the prosecutor from continuing to prosecute the defendant.

The opinion is a single sentence and does not elaborate on the reasoning; on the facts of a bare threat, the committee found no disqualifying conflict.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The conflict rule then numbered RPC 1.7(b) corresponds to Model Rule 1.7 and was rewritten in the current rules. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: If a defendant threatens to sue the prosecutor, must the prosecutor step aside?

A: Per the opinion, no. The committee was of the opinion that the threat presented no conflict such as to prevent the prosecutor from continuing the prosecution.

Q: Did the committee treat the threat as creating any conflict at all?

A: No. On the facts of a threatened lawsuit, the committee found no conflict that would bar continued prosecution.

Background and rules framework

The opinion applies the conflict rule then numbered Washington RPC 1.7(b), corresponding to Model Rule 1.7, which addresses representation that may be materially limited by the lawyer's own interests. The committee concluded that a defendant's threat to sue the prosecutor did not materially limit the prosecutor's ability to continue the case, so no disqualifying conflict arose.

Citations and references

Rules of Professional Conduct:

  • Washington RPC 1.7(b) (conflict of interest; representation limited by the lawyer's own interests), corresponding to Model Rule 1.7.

See also

Source

Original opinion text

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

Advisory Opinion: 1124
Year Issued: 1987
RPC(s): RPC 1.7(b)
Subject: Conflict of interest; threat by defendant to sue prosecutor

The Committee was of the opinion that when you as a prosecuting attorney had been threatened with a lawsuit by a criminal defendant, you would be presented with no conflict such as to prevent you from continuing to prosecute the defendant.

Get today's answer for your situation

You just read a 1987 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.