WSBA 1991

Can a lawyer appear before a court commissioner who previously served as the lawyer's own counsel?

Short answer: The committee concluded that appearing before a commissioner who had previously been the lawyer's own counsel raised no conflicts with the rules, with the single caveat that the lawyer must not attempt to use the former relationship to influence the commissioner.

Apply this to your situation

This page answers the general question as of 1991. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

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 Not binding precedent.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

A lawyer asked about the disclosures and other issues raised when the lawyer appears before a court commissioner who had previously acted as that lawyer's own counsel. The committee was of the opinion that, in response to each of the specific questions in the inquiry, the situation presented no conflicts with the Rules of Professional Conduct.

The committee identified a single concern: the lawyer must be sure not to attempt to use the former relationship to influence the commissioner, citing RPC 3.5(a).

Currency note

This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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 lawyer have a conflict appearing before a commissioner who used to represent the lawyer?

A: The committee was of the opinion that the specific questions raised presented no conflicts with the Rules of Professional Conduct.

Q: Is there any limit on the lawyer in that situation?

A: Yes. The committee said the lawyer must be sure not to attempt to use the former relationship to influence the commissioner, citing RPC 3.5(a).

Background and rules framework

The opinion applied RPC 3.5(a), Washington's rule on the impartiality and decorum of the tribunal, which corresponds to ABA Model Rule 3.5 and prohibits a lawyer from seeking to influence a judge or other official by means prohibited by law. The committee treated the prior attorney-client relationship between the lawyer and the commissioner as permissible so long as it was not used to gain improper influence.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 3.5 (impartiality and decorum of the tribunal)
Washington RPC 3.5(a)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=505

Original opinion text

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

Advisory Opinion: 1425
Year Issued: 1991
RPC(s): RPC 3.5(a)
Subject: Lawyer appearing before court commissioner who previously represented lawyer

The Committee reviewed your inquiry concerning disclosures and other issues raised when a lawyer appears before a court commissioner who had previously acted as that lawyer's counsel. The Committee is of the opinion that in response to each of the specific questions raised in your inquiry, they presented no conflicts with the Rules of Professional Conduct. The Committee was of the opinion that the only concern would be that the lawyer must be sure not to attempt to use the former relationship to influence the commissioner. See RPC 3.5(a).

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