RPC 1.12 and Conflict of Interest: What Former Judges, Arbitrators, and Mediators Need to Know in Washington State
If you’re a former judge, arbitrator, or mediator now practicing law—or a client concerned about impartiality—you need to understand how RPC 1.12 governs conflicts of interest in Washington State. This rule exists to preserve fairness, prevent undue influence, and protect public confidence in the legal system.
What Is RPC 1.12?
RPC 1.12 (Rule of Professional Conduct) in Washington prohibits a former judge, arbitrator, mediator, or any other neutral third-party from representing a client in a matter where they personally and substantially participated while acting in a neutral role. This means that once you have served as a decision-maker or facilitator in a dispute, you generally cannot switch roles and later represent one of the parties involved.
This rule prevents conflict of interest situations and upholds the ethical obligations of attorneys in Washington State.
Related Topic: RPC 1.11 – Conflicts of Interest for Former Government Officers and Employees
Disqualification and Screening Under RPC 1.12(c)
Disqualification under RPC 1.12 doesn’t necessarily bar an entire law firm from participating in a case. If the disqualified former neutral is properly screened from the matter and doesn’t share in any portion of the fees, the law firm can continue representing the client. The screening process must be effective and documented, and written noticemust be given to all parties.
Screening typically includes:
- Isolation of the disqualified lawyer from all communications and files related to the matter
- No fee sharing
- Internal procedures and documentation to ensure ethical compliance
Employment Negotiations and RPC 1.12(b)
Another key section of RPC 1.12 prohibits a judge, arbitrator, or mediator from negotiating for employment with any party or lawyer involved in a matter they’re overseeing. If they’re interested in employment with such a party, they must immediately withdraw from the matter.
This is especially important during:
- Active arbitrations
- Ongoing mediation
- Pending judicial matters
Failing to disclose employment negotiations can lead to disciplinary action and erode trust in the legal system.
Examples of RPC 1.12 in Practice
- A retired judge who handled a land dispute cannot later join a law firm and represent one of the parties in an appeal.
- A mediator who helped resolve a business dispute cannot assist a former client in enforcing or challenging that agreement in court.
- An arbitrator who issued an award cannot later advise one side on how to avoid paying damages.
Why RPC 1.12 Matters
Violations of RPC 1.12 can lead to serious consequences, including:
- Disqualification of counsel
- Reversal of court decisions
- Sanctions or disciplinary action by the Washington State Bar
For clients, it’s important to ask whether your lawyer—or anyone at their firm—has ever served as a neutral in your case. For attorneys, understanding these limitations is key to avoiding ethical pitfalls and maintaining public trust.
Need Advice on Legal Ethics or Attorney Disqualification in Washington?
If you’re unsure whether a former judge, arbitrator, or mediator may be violating RPC 1.12, contact Blanford Law. Our firm advises clients on legal ethics, attorney disqualification, and how to ensure a fair and impartial legal process.
Need Legal Advice? Contact Blanford Law
If you need help navigating legal representation issues or have concerns about conflicts of interest, Blanford Law can provide expert guidance. Our team of experienced attorneys is well-versed in Washington State law and the Rules of Professional Conduct, ensuring ethical, professional representation. To learn more about our services and what our clients say, check out our client reviews here.
