Can a full-time state-college faculty member represent private clients bringing civil claims against other state colleges or universities?

Plain-English summary

A full-time faculty member at a state college asked whether he or she could represent clients bringing civil claims against other state community colleges or universities.

The committee was of the opinion that the lawyer could undertake such representation only if he or she were able to comply with RPC 1.7(b). The committee also directed that the inquirer be provided with ABA Informal Ethics Opinion 84-1508, which addresses this issue.

Currency note

This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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 state-college faculty lawyer sue other state colleges or universities?

A: The committee said the lawyer could do so only if able to comply with RPC 1.7(b), the conflict-of-interest rule.

Q: Did the committee point to other authority?

A: Yes. It directed that the inquirer be provided with ABA Informal Ethics Opinion 84-1508, which addresses the issue.

Background and rules framework

The opinion applied RPC 1.7(b) (corresponding to ABA Model Rule 1.7), which limits a representation that may be materially limited by the lawyer's own interests or responsibilities to another. The committee treated the lawyer's employment by a state institution as the potential limiting interest and conditioned any representation adverse to other state institutions on satisfying that rule.

Citations and references

Rules of Professional Conduct:

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

Other opinions cited:

• ABA Informal Ethics Opinion 84-1508 (provided by the committee as addressing the issue)

See also

• WA Ethics Op. 1521: Representing an Opponent's Former Counsel
• WA Ethics Op. 1541: Current Client Owes Funds to a Potential Client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=613

Original opinion text

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

Advisory Opinion: 1532
Year Issued: 1993
RPC(s): RPC 1.7(b); ABA Informal Ethics Opinion 84-1508
Subject: Conflict of interest; lawyer representing clients adverse to lawyer's employer

The Committee reviewed your inquiry of whether a state college full-time faculty member could represent clients who bring civil claims against other state community colleges or universities. The Committee was of the opinion that the lawyer could only undertake such representation if he or she were able to comply with RPC 1.7(b). The Committee also directed that I provide you with ABA Informal Ethics Opinion 84-1508 which addresses this issue.