Can one Washington lawyer simultaneously serve in private practice, as a city attorney, as a coroner, and take indigent criminal appeals?
Apply this to your situation
This page answers the general question as of 1992. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer asked about fulfilling multiple roles at once: private practice, city attorney and coroner for a city, and accepting indigent appeals for a county. The committee was of the opinion that such multiple representation presents conflicts of interest, and that a lawyer could practice in all of those roles only if able to comply with the requirements of RPC 1.7(a).
The committee expressed serious doubts that any lawyer could comply with that rule under the circumstances.
Currency note
This opinion was issued in 1992, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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 one lawyer serve as private practitioner, city attorney, coroner, and indigent-appeals counsel at the same time?
A: The committee was of the opinion that holding all of those roles presents conflicts of interest, and that the lawyer could do so only by complying with RPC 1.7(a).
Q: Did the committee think compliance with RPC 1.7(a) was realistic here?
A: No. The committee expressed serious doubts that any lawyer could comply with that rule under the circumstances described.
Background and rules framework
The opinion applied the general conflict-of-interest rule, RPC 1.7 (corresponding to ABA Model Rule 1.7), and specifically RPC 1.7(a), which governs whether a lawyer may undertake representations that are directly adverse or materially limited by other responsibilities. The committee treated the combination of public roles (prosecuting and advising for a city, serving as coroner, and defending indigent appellants) as presenting conflicts that RPC 1.7(a) would have to resolve before the lawyer could hold them together.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.7 (conflict of interest; current clients)
- Washington RPC 1.7 and RPC 1.7(a) (as numbered before the 2006 revisions)
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=539
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1459
Year Issued: 1992
RPC(s): RPC 1.7
Subject: Conflict of interest; lawyer serves as city attorney, county public defender and coroner
The Committee reviewed your inquiry concerning fulfilling multiple roles in your professional capacity, including private practice, city attorney and coroner for [a city], and accepting indigent appeals for [a] County. The committee was of the opinion that such multiple representation presents conflicts of interests and that a lawyer could only practice in all of those roles if the lawyer can comply with the requirements of RPC 1.7(a). The Committee expressed serious doubts that any lawyer could comply with that rule under the circumstances.
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