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WSBA 2009

Do the lawyer conflict-of-interest rules apply to a lawyer acting as a hearing examiner rather than representing a client?

Short answer: No. The committee concluded that a lawyer serving as a hearing officer is not representing a client, so the conflict-of-interest rules are not implicated, while expressing no opinion on other laws or regulations.

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This page answers the general question as of 2009. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 2009
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 asked whether the lawyer conflict-of-interest rules (RPC 1.7 and 1.8) reach a lawyer who serves as an attorney hearing examiner. The committee concluded that the inquiry does not implicate the conflict-of-interest rules, because in the capacity of a hearing officer the lawyer is not representing a client. The committee expressed no opinion on the applicability of other laws, rules, or regulations to the hearing-examiner role.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee tied the conflict-of-interest rules to the existence of a client. The opinion holds that because a lawyer acting as a hearing examiner is not representing a client, RPC 1.7 and 1.8 are not implicated by that role. The committee limited its conclusion to the RPCs and declined to address whether other laws, rules, or regulations governing hearing examiners might apply.

Common questions

Q: Do RPC 1.7 and 1.8 apply to a lawyer who serves as a hearing examiner?

A: No. The committee concluded that the conflict-of-interest rules are not implicated, because in the hearing-examiner capacity the lawyer is not representing a client.

Q: Did the committee say the role is free of all conflict restrictions?

A: No. The committee addressed only the RPCs and expressly expressed no opinion on the applicability of other laws, rules, or regulations.

Background and rules framework

The opinion interpreted Washington RPC 1.7 and RPC 1.8 (Model Rules 1.7 and 1.8, conflicts of interest with current clients and specific prohibited transactions). The committee treated both as predicated on a lawyer-client representation, which it found absent in the hearing-examiner role.

Citations and references

Rules of Professional Conduct:

  • Model Rule 1.7 / Washington RPC 1.7 (current-client conflicts)
  • Model Rule 1.8 / Washington RPC 1.8 (specific conflict transactions)

See also

Source

Original opinion text

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

Advisory Opinion: 2195
Year Issued: 2009
RPC(s): 1.7, 1.8
Subject: conflict of interest; attorney hearing examiners

The issue raised by your inquiry does not, in the Committee’s opinion, implicate the conflict of interest rules, because in your capacity as a hearing officer, you are not representing a client. The committee expresses no opinion on the applicability of other laws, rules, or regulations.

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