Must a lawyer serving as an arbitrator recuse when the lawyer has a pending civil case against an attorney representing a party in the arbitration?

Short answer The committee concluded the Rules of Professional Conduct do not address this situation; because the lawyer is acting in a quasi-judicial capacity, the question belongs to the Judicial Ethics Advisory Commission.

Bar

WSBA

Issued

1992

Apply this to your situation

This page answers the general question as of 1992. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, 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 Not binding precedent.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 whether a lawyer acting as an arbitrator in a civil lawsuit should recuse because the lawyer had a pending civil case against one of the attorneys representing a party in the arbitration. The committee was of the opinion that this situation is not addressed by the Rules of Professional Conduct.

Because the question involves a lawyer acting in a quasi-judicial capacity, the committee directed that the inquiry be addressed to the Judicial Ethics Advisory Commission through the Office of the Administrator for the Courts.

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 Treat this page as historical context, not current guidance.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: Did the committee decide whether the lawyer-arbitrator had to recuse?

A: No. The committee concluded the Rules of Professional Conduct do not address the situation.

Q: Where did the committee say the question should go?

A: Because the lawyer was acting in a quasi-judicial capacity, the committee directed the inquiry to the Judicial Ethics Advisory Commission through the Office of the Administrator for the Courts.

Background and rules framework

The committee declined to opine because the conduct, a lawyer sitting as an arbitrator, falls under quasi-judicial rather than lawyer-conduct standards. It identified no Rule of Professional Conduct as governing the recusal question and routed the matter to the body that addresses judicial ethics, the Judicial Ethics Advisory Commission.

Citations and references

The committee identified no Rule of Professional Conduct as applicable and cited none.

Source

Landing page: https://ao.wsba.org/print.aspx?ID=550

Original opinion text

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

Advisory Opinion: 1470
Year Issued: 1992
RPC(s):
Subject: Conflict of interest; lawyer acting as arbitrator has pending civil case against attorney for party to arbitration

The Committee reviewed your inquiry concerning whether a lawyer acting as an arbitrator in a civil law suit should recuse himself because he had a pending civil case against one of the attorneys who was representing a party in the arbitration. The Committee was of the opinion that this situation is not addressed by the Rules of Professional Conduct, and that since this involves a lawyer acting in a quasi-judicial capacity, your inquiry should be directed to the Judicial Ethics Advisory Commission through the Office of the Administrator for the Courts.

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