After leaving government, can a lawyer use public information about an expert witness that the lawyer learned on the government job?
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.
Plain-English summary
A lawyer asked about using information learned about an expert witness while the lawyer was employed by a government agency. The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from using such public information learned while employed by the government agency.
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 Treat this page as historical context, not current guidance.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 former government lawyer use public information about an expert witness learned on the job?
A: The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits using such public information learned while employed by the government agency.
Q: What distinguishes this from the usual former-government-lawyer limits?
A: The committee framed the information as public, which it treated as outside the restrictions that otherwise apply to a lawyer's move from government to private practice.
Background and rules framework
The opinion applied RPC 1.11 (successive government and private employment), corresponding to ABA Model Rule 1.11, which restricts a former government lawyer's later use of confidential government information. The committee concluded the rule did not reach the lawyer's use of public information about an expert witness gained during the government employment.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.11 (special conflicts for former and current government officers and employees); Washington RPC 1.11
See also
- ABA Formal Op. 97-409: Ex-Government Lawyer Conflicts
- WA Ethics Op. 1459: Conflicts in Multiple Public Roles
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=577
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1497
Year Issued: 1992
RPC(s): RPC 1.11
Subject: Successive government and private employment; use of public information obtained while government employee
The Committee reviewed your inquiry regarding the use of information a lawyer learned about an expert witness while the lawyer was employed by a government agency. The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from using such public information learned while employed by the government agency.
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