Can lawyers in a firm sue the city when one of the firm's lawyers serves on that city's council?

Plain-English summary

A lawyer asked whether lawyers in the firm would be precluded from representing clients against the city in which the lawyer serves on the city council. The committee was of the opinion that RPC 1.7(b) would apply to the issue, but it did not have enough facts to determine whether the prohibition against such representation, because of any conflict of interest, could be waived pursuant to RPC 1.7(b)(2).

Based on the limited facts presented, the committee was skeptical that the conflict could be waived.

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 Treat this page as historical context, not current guidance.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 a firm represent clients against a city when one of its lawyers sits on the city council?

A: The committee said RPC 1.7(b) applies, and on the limited facts it was skeptical the conflict could be waived under RPC 1.7(b)(2).

Q: Did the committee give a definitive answer?

A: No. It said it lacked enough facts to determine whether the conflict could be waived, while expressing skepticism on the facts presented.

Background and rules framework

The opinion applied RPC 1.7(b) and the waiver provision RPC 1.7(b)(2) (conflict of interest involving a lawyer's other responsibilities or interests), corresponding to ABA Model Rule 1.7. The committee identified the council member's public role as the source of a potential conflict for the firm's adverse representation of clients against the city, and treated the availability of a waiver as a fact-dependent question it could not resolve on the record presented.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.7 (conflict of interest; current clients); Washington RPC 1.7(b) and RPC 1.7(b)(2)

See also

• WA Ethics Op. 1459: Conflicts in Multiple Public Roles
• ABA Formal Op. 97-405: Government Entity Conflicts

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=567

Original opinion text

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

Advisory Opinion: 1487
Year Issued: 1992
RPC(s): RPC 1.7(b)
Subject: Conflict of interest; lawyer on city council while firm represents clients adverse to city

The Committee reviewed your inquiry concerning whether lawyers in your law firm would be precluded from representing clients against the city in which you serve on the city council. The Committee was of the opinion that RPC 1.7(b) would apply to the issue, but the Committee did not have enough facts to determine whether the prohibition against such representation because of any conflict of interest could be waived pursuant to RPC 1.7(b)(2). Based upon the limited facts presented, the Committee was skeptical that it could be.