Is there a conflict of interest when the same prosecutor both prosecutes criminal charges and brings a related civil forfeiture proceeding?
Apply this to your situation
This page answers the general question as of 1993. 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 whether there is a conflict between prosecuting criminal charges and bringing civil forfeiture proceedings. The committee was of the opinion that there is no conflict in bringing the two causes of action.
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 Treat this page as historical context, not current guidance.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 the same prosecutor bring both criminal charges and a civil forfeiture proceeding?
A: The committee said there is no conflict of interest in the same lawyer bringing the two causes of action.
Q: Did the committee identify any limiting conditions?
A: The opinion stated its conclusion without qualification, finding no conflict in bringing the two causes of action.
Background and rules framework
The opinion applied RPC 1.7 (corresponding to ABA Model Rule 1.7), the current-client conflict rule. The committee found that a prosecutor's pursuit of a criminal charge and a parallel civil forfeiture, both on behalf of the State, did not place the lawyer in a conflicting position.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.7 (conflict of interest; current clients); Washington RPC 1.7
See also
- WA Ethics Op. 1520: Prosecutor's Office and the Lawyer-as-Witness Rule
- WA Ethics Op. 1541: Taking On a Client Adverse to a Current Client
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=623
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1542
Year Issued: 1993
RPC(s): RPC 1.7
Subject: Conflict of interest; same lawyer prosecuting criminal charges and bringing civil forfeiture proceedings
The Committee reviewed your inquiry concerning whether there is a conflict between your actions in prosecuting criminal charges and in bringing civil forfeiture proceedings. The Committee was of the opinion that there is no conflict in bringing the two causes of action.
Get today's answer for your situation
You just read a 1993 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.