After filing an appearance for two clients, then discovering a conflict between them, can a lawyer withdraw from one and keep representing the other?

Plain-English summary

A lawyer had been retained by an insurer to represent both a city and a police officer employed by the city, and filed a Notice of Appearance on behalf of each client. The lawyer then learned of a conflict of interest between the two clients and asked whether the lawyer could continue to represent the city after proper withdrawal from representing the police officer.

The committee was of the opinion that, for the purposes of RPC 1.9, the fact that the lawyer filed a Notice of Appearance means that the police officer is a former client. The lawyer must therefore comply with the requirements of RPC 1.9 to continue representing the city.

Currency note

This opinion was issued in 1994, 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 Treat this page as historical context, not current guidance.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: After appearing for two clients, can a lawyer drop one and keep the other when a conflict surfaces?

A: The committee said the lawyer must comply with RPC 1.9, because once the lawyer filed a Notice of Appearance the dropped client is treated as a former client.

Q: Why is the dropped client treated as a former client?

A: The committee said that for the purposes of RPC 1.9, filing a Notice of Appearance on the client's behalf makes that client a former client when the lawyer withdraws.

Background and rules framework

The opinion applied RPC 1.9 (ABA Model Rule 1.9), which governs duties to former clients. The committee treated the filed Notice of Appearance as establishing the representation, so that withdrawing from the police officer left that person a former client whose interests RPC 1.9 protects when the lawyer continues to represent the city.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.9 (duties to former clients); Washington RPC 1.9

See also

• WA Ethics Op. 1158: No RPC 1.9 Conflict in a Dissolution After Defending the Husband
• WA Ethics Op. 1569: Representing a Witness and a Party in the Same Case

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=659

Original opinion text

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

Advisory Opinion: 1578
Year Issued: 1994
RPC(s): RPC 1.9
Subject: Conflict of interest; lawyer learns of conflict after entering appearance for two clients and wishes to continue representation of one client

The Committee reviewed your inquiry wherein you had been retained by an insurer to represent a city and a police officer employed by the city. You filed a Notice of Appearance on behalf of each of those clients. Subsequently, you learned that there was a conflict of interest between the two clients. You ask whether you can continue to represent the city after proper withdrawal from representing the police officer. The Committee was of the opinion that for the purposes of RPC 1.9, the fact that you filed a Notice of Appearance means that the police officer is a former client and you must therefore comply with the requirements of RPC 1.9.