If a lawyer joins the state legislature, can the lawyer keep representing a plaintiff in a lawsuit against the State?

Plain-English summary

The inquiry asked whether a lawyer who became appointed and later elected to the state legislature could continue representing a plaintiff in an action against the State of Washington. The committee was of the opinion that, at the time the lawyer became a member of the legislature, the lawyer had a duty under RPC 1.7 to advise the client about the potential limitations the lawyer's political career might mean for the client's representation, and in addition to determine for the lawyer's own part whether the legislative career would adversely affect the representation.

The committee also directed that the lawyer's attention be called to the requirements of RPC 1.11(b) and (c), which address conflicts arising from a lawyer's public office and government service.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of 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 Treat this page as historical context, not current guidance.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: Could the lawyer keep representing a plaintiff against the State after joining the legislature?

A: The committee did not flatly prohibit it. It imposed a duty under RPC 1.7 to advise the client of the potential limitations and to assess whether the legislative career would adversely affect the representation.

Q: What did the lawyer have to tell the client?

A: Under RPC 1.7, the potential limitations the political career might mean for the client's representation.

Q: What other rule did the committee flag?

A: RPC 1.11(b) and (c), addressing conflicts tied to a lawyer's public office and government service.

Background and rules framework

RPC 1.7, Washington's version of ABA Model Rule 1.7, addresses concurrent conflicts of interest, including representation that may be materially limited by the lawyer's own interests. RPC 1.11, Washington's version of Model Rule 1.11, governs the special conflict rules for current and former government officers and employees. The committee combined a RPC 1.7 advise-and-assess duty with the RPC 1.11(b) and (c) public-office provisions for a lawyer entering the legislature while suing the State.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.7 (conflict of interest; current clients)
• ABA Model Rule 1.11 (special conflicts for government officers and employees)
• Washington RPC 1.7; RPC 1.11(b); RPC 1.11(c)

See also

• WA Ethics Op. 1267: Prospective Conflict Waivers
• WA Ethics Op. 1265: Prosecutor Employing a Judge's Spouse

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=348

Original opinion text

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

The Committee reviewed your inquiry concerning whether, assuming you became appointed and subsequently elected to the state legislature, you may continue to represent a plaintiff or plaintiffs regarding an action against the State of Washington. The Committee was of the opinion that at the time you become a member of the legislature, you have a duty under RPC 1.7 to advise your client concerning the potential limitations your political career may mean to the client's representation, and in addition determine for yourself whether or not your career as a legislator would adversely affect the representation of your client. The Committee also directed that I call your attention to the requirements of RPC 1.11(b) & (c).