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?

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 Treat this page as historical context, not current guidance.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

• WA Ethics Op. 1712: GAL Then Representing the Minor
• WSBA Ethics Op. 1718: Leaving In-House for a Rival Field

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=809

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.