WSBA 1998

Can a part-time city prosecutor also represent private criminal defendants in the same court?

Short answer: The committee concluded that a part-time city prosecutor who also represents private criminal clients in the same courts has a conflict of interest, directed the inquirer to Formal Opinion 161, and stated the conflict is potentially waiveable under the strictures of RPC 1.7.

Apply this to your situation

This page answers the general question as of 1998. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

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 Not binding precedent.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 concerned whether a lawyer who serves as a part-time city prosecutor may also represent private criminal clients in the same courts where he is the prosecutor.

The committee concluded that the inquirer has a conflict of interest, and directed the inquirer to Formal Opinion 161. The committee stated that the conflict is potentially waiveable pursuant to the strictures of RPC 1.7.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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 RPC 1.7 corresponds to ABA Model Rule 1.7 (conflict of interest: current clients), under which some conflicts may be waived with informed consent and others are nonconsentable.

Common questions

Q: Can a part-time city prosecutor also defend private criminal clients in the same court?

A: The committee concluded that doing so is a conflict of interest, potentially waiveable under the strictures of RPC 1.7, and directed the inquirer to Formal Opinion 161.

Q: Is the conflict an absolute bar?

A: Not necessarily. The committee said the conflict is potentially waiveable pursuant to the strictures of RPC 1.7.

Background and rules framework

The opinion applied Washington RPC 1.7 (conflict of interest: current clients), corresponding to ABA Model Rule 1.7, and pointed to WSBA Formal Opinion 161. The committee characterized a part-time prosecutor's simultaneous private criminal defense in the same court as a conflict of interest that may be waiveable only within the strictures of RPC 1.7.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.7 (conflict of interest: current clients); Washington RPC 1.7

Other opinions cited:

WSBA Formal Opinion 161: conflict of interest for a part-time prosecutor.

Source

Landing page: https://ao.wsba.org/print.aspx?ID=1026

Original opinion text

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

Advisory Opinion: 1833
Year Issued: 1998
RPC(s): RPC 1.7; Formal Opinion 161
Subject: Conflict of interest; part-time city prosecutor also represents private criminal clients in the same court

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1833 concerning whether a lawyer who is serving as a city prosecutor may also represent private criminal clients in the same courts where he is the prosecutor on a part time basis.

It is the opinion of the committee that you have a conflict of interest. You are directed to Formal Opinion 161. The conflict is potentially waiveable pursuant to the strictures of RPC 1.7.

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