Does a criminal defense lawyer have a conflict of interest when the lawyer's domestic partner is a deputy prosecuting attorney?

Plain-English summary

The inquiry concerned the responsibilities of a criminal defense lawyer who has a domestic partner who is a deputy prosecuting attorney. The committee was of the opinion that its previous Opinions 1555 and 1574 provide the answer to this inquiry, and it directed that those opinions be forwarded to the inquirer.

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 Treat this page as historical context, not current guidance.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. This opinion resolves the inquiry by reference to Opinions 1555 and 1574 rather than by citing a specific Rule of Professional Conduct.

Common questions

Q: Is there a conflict when a defense lawyer's domestic partner is a deputy prosecutor?

A: The committee did not issue a fresh analysis; it concluded its previous Opinions 1555 and 1574 provide the answer.

Q: Which opinions govern this question?

A: WSBA Opinions 1555 and 1574, which the committee directed be forwarded to the inquirer.

Background and rules framework

The opinion did not cite a specific Rule of Professional Conduct. Instead, the committee resolved the inquiry about a defense lawyer with a deputy-prosecutor domestic partner by reference to its earlier Opinions 1555 and 1574, which address conflicts arising from a prosecutor's personal relationships.

Citations and references

Other opinions cited:

• WSBA Opinion 1555: prosecutor married to a probation officer; conflict analysis.
• WSBA Opinion 1574: imputed disqualification and a prosecutor's relationship with a law-enforcement officer.

See also

• WA Ethics Op. 1555: Prosecutor Married to Probation Officer
• WA Ethics Op. 1574: Prosecutor Engaged to a Police Officer

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=977

Original opinion text

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

Advisory Opinion: 1784
Year Issued: 1997
RPC(s): Informal Opinion 1555; Informal Opinion 1574
Subject: Conflict of interest; criminal defense attorney whose domestic partner is deputy prosecutor

The Committee reviewed your inquiry concerning the responsibilities of a criminal defense lawyer who has a domestic partner who is a deputy prosecuting attorney. The Committee was of the opinion that its previous opinions #1555 and #1574 provide the answer to this inquiry and directed me to forward them to you.