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

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 Treat this page as historical context, not current guidance.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)

See also

• SC Bar Ethics Op. 90-04: Solicitor Before Spouse's Judge
• SC Bar Ethics Op. 90-10: Part-Time Judge's Partners

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).