Does a full-time court bailiff who is also a lawyer create a conflict of interest by doing pro bono work for claimants before a federal agency?

Plain-English summary

The inquiring lawyer worked full time as a bailiff for a superior court judge and also provided pro bono legal services to claimants before a federal agency. The lawyer asked whether that pro bono work created a conflict of interest with the full-time employment.

Based on the facts presented, the committee opined that the lawyer's pro bono representation of a claimant in actions heard exclusively by federal agencies and courts did not appear to create a conflict of interest under the Rules of Professional Conduct with the lawyer's regular employment as a lawyer-bailiff in a superior court.

Currency note

This opinion was issued in 2000, 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Does a full-time lawyer-bailiff have a conflict in taking pro bono cases?

A: On the facts presented, the committee concluded that the lawyer's pro bono work for claimants before federal agencies and courts did not appear to create a conflict with the bailiff employment.

Q: What fact did the committee rely on?

A: That the pro bono representation was in actions heard exclusively by federal agencies and courts, separate from the superior court where the lawyer served as a bailiff.

Background and rules framework

The opinion considered conflict of interest under Washington RPC 1.7 (concurrent conflicts of interest, ABA Model Rule 1.7) and RPC 1.11 (special conflicts for current and former government officers and employees, ABA Model Rule 1.11). The committee found no conflict on the facts because the lawyer's outside representation was confined to federal agency and court matters, separate from the state superior court of the lawyer's employment.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.7 (concurrent conflicts of interest); Washington RPC 1.7
• ABA Model Rule 1.11 (special conflicts for government officers and employees); Washington RPC 1.11

See also

• WSBA Ethics Op. 1217: Pro Bono Volunteers' Conflicts
• WSBA Ethics Op. 1050: Former Government Lawyer Conflict
• WA Ethics Op. 1002: City Attorney on Adverse Board

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1103

Original opinion text

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

Advisory Opinion: 1909
Year Issued: 2000
RPC(s): RPC 1.7; 1.11
Subject: Conflict of interest; lawyer, employed as bailiff, also provides pro bono legal services before federal agency

The inquiring lawyer is a full time bailiff for a superior court judge and also provides pro bono legal services to claimants before [a federal agency]. The inquiring lawyer asks if such pro bono work creates a conflict of interest with the full time employment.

Based upon the facts presented in the inquiry, the committee opined that it does not appear that the inquiring lawyer’s pro bono representation of a claimant in actions that are exclusively heard by federal agencies and courts creates a conflict of interest under the Rules of Professional Conduct with the regular employment as a lawyer-bailiff in a superior court.