If a lawyer leaves a firm to work as a contract attorney for several firms, can the new firms take cases against the old firm?

Plain-English summary

The lawyer intended to leave his current firm and work on a contract basis for that firm and others. The committee said that, on the facts presented, there is no ethical impropriety in associating with law firms that represent parties adverse to parties represented by the former firm, provided the lawyer was not associated with any case in which the former firm had been representing a client during the period of his employment with that firm.

Because the lawyer would maintain a separate office and would not have access to the general files of the former firm after leaving, the committee said he may associate with the former employer on files opened after the date he left, without being disqualified from associating with any other attorney or firm against the former employer on any other file opened after that time.

Currency note

This opinion was issued in 1985, before the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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: Can a departing contract lawyer take matters against the former firm?

A: On these facts, yes. The committee found no impropriety in associating with firms adverse to the former firm's clients, provided the lawyer had not been associated with any case the former firm handled during the employment.

Q: What conditions did the committee attach?

A: The lawyer had to keep a separate office, have no access to the former firm's general files, and limit the work to files opened after leaving the firm.

Q: Could the lawyer still take contract work from the former firm too?

A: Yes. The committee said the lawyer may associate with the former employer on files opened after leaving, without being disqualified from working against the former employer on other post-departure files.

Background and rules framework

The committee did not cite a rule by number. The questions it addressed, a departed lawyer's duties to a former firm's clients and when one lawyer's conflicts are imputed to others, are governed today by Model Rules 1.9 and 1.10 and their Washington counterparts. The committee tied its conclusion to the lawyer's lack of involvement in the former firm's existing matters and the separation of office and files.

Citations and references

Rules of Professional Conduct:

• The opinion cites no rule by number. It applies principles governing duties to a former firm's clients and imputation of conflicts (now addressed by Model Rules 1.9 and 1.10 and their Washington counterparts).

See also

• WSBA Ethics Op. 1022: imputed disqualification of a lateral lawyer with no confidences
• WSBA Ethics Op. 1012: imputed disqualification from a secretary with adverse clients' confidences

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=22

Original opinion text

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

Advisory Opinion: 911
Year Issued: 1985
RPC(s):
Subject: Conflict of interest; contract attorney working for multiple law firms

[The lawyer intended to leave his current firm and work on a contract basis for that firm and others.] The Committee was of the opinion that, from the facts as presented in your inquiry, there is no ethical impropriety in your conduct in associating with law firms who represent parties adverse to parties represented by your former law firm, provided that you were not associated with any case in which your former law firm had been representing a client during the period of your employment with that firm. Since you would be maintaining a separate office, and not have access to the general files of your former firm after leaving that firm, the Committee was of the opinion that you may associate with your former employer on files opened subsequent to the date of your leaving the firm, without being disqualified with associating with any other attorney or firm against your former employer in respect to any other file opened after that time.