WSBA 1999

Can a lawyer who is a trustee act as his own advocate in litigation involving the trust?

Short answer: The committee did not resolve the question on the merits. Assuming the lawyer is the true party in interest in the pending litigation under applicable trust law, it referred the lawyer to Formal Opinion 182, and expressed no opinion about the lawyer's status under trust law.

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This page answers the general question as of 1999. 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 Not binding precedent.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 a lawyer who is a trustee serving as his own advocate. The committee responded that, assuming the lawyer is the true party in interest in the pending litigation under applicable trust law, the lawyer should see Formal Opinion 182, which was attached.

The committee expressed no opinion concerning the lawyer's status under applicable trust law, leaving that legal question outside its analysis.

Currency note

This opinion was issued in 1999, 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 Treat this page as historical context, not current guidance.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. Both the Rules of Professional Conduct and Formal Opinion 182 may have been revised since, so verify the current rules and the referenced opinion before relying on them.

Common questions

Q: Can a lawyer-trustee represent himself in litigation about the trust?

A: The committee did not decide the question on the merits. It said that, assuming the lawyer is the true party in interest under applicable trust law, the lawyer should consult Formal Opinion 182.

Q: Did the committee decide whether the lawyer was the true party in interest?

A: No. The committee expressly expressed no opinion concerning the lawyer's status under applicable trust law.

Background and rules framework

The committee did not apply a specific numbered Rule of Professional Conduct in its response; it conditioned its answer on the lawyer being the true party in interest under trust law and referred the lawyer to Formal Opinion 182. The underlying ethics question concerns a lawyer acting as his own advocate, an area where self-representation by a party who is also a lawyer is treated differently from representing another person.

Citations and references

Other opinions cited:

WSBA Formal Opinion 182 (referenced and attached by the committee)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=1092

Original opinion text

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

Advisory Opinion: 1898
Year Issued: 1999
RPC(s): Formal Opinion 182
Subject: Lawyer trustee serving as own advocate

[The inquiry concerned a lawyer/trustee serving as his own advocate.] Assuming you are the true party in interest in the pending litigation under applicable trust law, please see Formal Opinion 182 attached. The committee expresses no opinion concerning your status under applicable trust law.

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