Does the conflict-imputation rule (RPC 1.10) still apply to a partner who is on a leave of absence from the firm?

Plain-English summary

A firm asked about an arrangement it had implemented to meet the requirements of RPC 1.10, the rule on imputed conflicts of interest. The intent of the arrangement was to ensure that a partner, while on a leave of absence from the firm, was not "associated with the firm" as that phrase is used in RPC 1.10.

The committee unanimously agreed that RPC 1.10 does apply in this situation. It added that whether the particular arrangement met the requirements of RPC 1.10 was a question of law, and that it could not express any opinion on the liability issues that might be involved because it is prohibited from giving legal opinions.

Currency note

This opinion was issued in 1995, 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 Treat this page as historical context, not current guidance.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. RPC 1.10 corresponds to ABA Model Rule 1.10 on imputation of conflicts of interest within a firm.

Common questions

Q: Does a partner on a leave of absence escape the firm's imputed conflicts?

A: Not automatically. The committee agreed that RPC 1.10 applies; whether a specific leave-of-absence arrangement keeps the partner from being "associated with" the firm under that rule is a question of law it would not decide.

Q: Did the committee approve the firm's arrangement?

A: No. It said whether the arrangement met RPC 1.10 was a legal question it could not answer, and it expressed no opinion on any liability that might result.

Background and rules framework

The opinion applied RPC 1.10 (imputation of conflicts, corresponding to ABA Model Rule 1.10). Under that rule, conflicts of one lawyer are generally imputed to lawyers "associated with" the same firm. The committee confirmed the rule applies to the leave-of-absence situation but treated the question of whether the firm's specific arrangement satisfied the rule as a legal question outside its advisory role.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.10 (imputation of conflicts of interest); Washington RPC 1.10

See also

• WA Ethics Op. 1240: Brief Consult With a Departed Associate and Imputed Disqualification
• WA Ethics Op. 1078: Litigation Against a Partner's Former Client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=678

Original opinion text

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

Advisory Opinion: 1596
Year Issued: 1995
RPC(s): RPC 1.10
Subject: Partner on leave of absence is "associated with" firm

The Committee discussed your inquiry regarding an arrangement implemented by your firm to meet the requirements of RPC 1.10. The intent of the arrangement is to ensure that a partner in the firm, while on a leave of absence from the firm, is not "associated with the firm" as that phrase is used in RPC 1.10. The Committee unanimously agreed that RPC 1.10 does apply in this case. However, whether the arrangement posed by you meets the requirements of RPC 1.10 is a question of law. Therefore, the Committee cannot express any opinion regarding any liability issues that may be involved, as it is prohibited from providing legal opinions.