WSBA 1997

Can a lawyer represent a homeowners' association when the lawyer is close friends with the manager who may have a claim against a board member?

Short answer: The committee concluded that RPC 1.7(b)(1) and (2) apply and that, on the facts presented, the lawyer's representation of the association board may be materially limited by the lawyer's relationship with and responsibilities to the association manager.

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This page answers the general question as of 1997. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1997
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry involved a potential conflict of interest in representing a homeowners' association while being a longtime personal friend of the association's manager, where the manager may have a claim against one of the association's board members.

The committee determined that RPC 1.7(b)(1) and (2) apply, and that from the facts presented, the lawyer's representation of the homeowners' association board may be materially limited by the lawyer's relationship with and responsibilities to the association manager.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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. Washington's cited rule corresponds to ABA Model Rule 1.7 (conflicts of interest).

Common questions

Q: Can the lawyer represent the association despite the friendship with the manager?

A: The committee concluded that, on the facts presented, the representation of the association board may be materially limited by the lawyer's relationship with and responsibilities to the manager.

Q: Which rule applies?

A: The committee determined that RPC 1.7(b)(1) and (2) apply, the provisions addressing a representation that may be materially limited by the lawyer's responsibilities to a third person or by the lawyer's own interests.

Background and rules framework

The opinion applied RPC 1.7(b)(1) and (2) (the material-limitation branch of the conflicts rule, corresponding to ABA Model Rule 1.7) to a lawyer representing a homeowners' association while personally close to its manager, who might have a claim against a board member. The committee framed the issue as whether the lawyer's relationship with and responsibilities to the manager may materially limit the representation of the board, the client.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 1.7 (conflicts of interest); Washington RPC 1.7(b)(1), 1.7(b)(2)

See also

Source

Original opinion text

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

Advisory Opinion: 1739
Year Issued: 1997
RPC(s): RPC 1.7(b)(1); 1.7(b)(2)
Subject: Conflict of interest; representation limited by friendship with person who may have claim against board member of client

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry involving a potential conflict of interest in representing Homeowner's Association and being the long time personal friend with the association's manager. The manager may have a claim against one of the association's board members.

Upon review, the RPC Committee determined that RPC 1.7(b)(1) and (2) apply, and from the facts presented, the committee believes that your representation of the Homeowner's Association board may be materially limited by your relationship with and responsibilities to the association manager.

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