Can a Special Assistant Attorney General who represents the state also represent private clients suing the same state agency?

Plain-English summary

The inquiry concerned conflicts of interest that may arise when referring cases to Special Assistant Attorneys General who also represent clients adverse to the state agency at issue. The committee was of the opinion that RPC 1.7(a) would require the lawyer to obtain the consent of both the state and the client if the lawyer were concurrently representing the state and representing other clients against the state.

Currency note

This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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: Can a Special AAG also sue the state for private clients?

A: Under this 1991 opinion, only with consent; the committee was of the opinion that RPC 1.7(a) requires the consent of both the state and the client where the lawyer concurrently represents the state and clients against the state.

Q: Whose consent is required?

A: Both the state's and the client's, under RPC 1.7(a).

Background and rules framework

At the time of this opinion, Washington's RPC 1.7(a) governed direct-adversity conflicts, the subject the Model Rules place in Rule 1.7. The committee treated concurrent representation of the state and of clients against the state as a direct-adversity conflict curable only by consent of both.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.7 (conflicts of interest)
• Washington RPC 1.7(a)

See also

• WA Ethics Op. 1351: Representing an Agency While Adverse to It
• WA Ethics Op. 1340: Defense Appointments Conflicts

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=487

Original opinion text

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

The Committee reviewed your inquiry concerning conflicts of interest that may arise when referring cases to Special Assistant Attorneys General who also represent clients adverse to the state agency at issue. The Committee was of the opinion that RPC 1.7(a) would require that the lawyer obtain the consent of both the state and the client if the lawyer were concurrently representing the state and representing other clients against the state.