Must a lawyer tell the client that the adverse party is represented by the court commissioner's former lawyer?
Apply this to your situation
This page answers the general question as of 1991. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee was of the opinion that if it were pertinent to a client's case to know that an adverse party was represented by a court commissioner's former lawyer, RPC 1.1 and 1.4(b) would require the lawyer to disclose that information to the client.
As to what to do if a client objects to appearing before that commissioner, the committee was of the opinion that this does not present an ethical question, but is rather a practice question on which the committee could render no opinion.
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 Treat this page as historical context, not current guidance.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: Must a lawyer tell the client the opposing lawyer once represented the commissioner?
A: Under this 1991 opinion, if that fact is pertinent to the client's case, RPC 1.1 and 1.4(b) would require disclosing it to the client.
Q: Should the client object to appearing before that commissioner?
A: The committee was of the opinion that this is a practice question, not an ethical one, on which it could render no opinion.
Background and rules framework
At the time of this opinion, Washington's RPC 1.1 required competent representation and RPC 1.4(b) required explaining matters to the extent reasonably necessary for the client to make informed decisions, the subjects the Model Rules place in Rules 1.1 and 1.4. The committee tied the disclosure duty to the information's pertinence and left the tactical decision about the commissioner outside its advisory function.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.1 (competence)
- ABA Model Rule 1.4 (communication)
- Washington RPC 1.1, 1.4(b)
See also
- WA Ethics Op. 1410: Disclosing the Firm's Representation of a Commissioner's Ex-Wife
- WA Ethics Op. 1405: Telling a Client About Malpractice Insurance
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=489
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee was of the opinion that if it were pertinent to a client's case to know that an adverse party was represented by a court commissioner's former lawyer, the RPC 1.1 and 1.4(b) would require that you disclose that information. Regarding your question of what to do if a client objects to appearing before that Commissioner, the Committee was of the opinion that that does not present an ethical question, but is rather a practice question on which the Committee could render no opinion.
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