RPC 1.7 conflict of interest rules in Washington set clear boundaries for lawyers representing current clients. These guidelines are crucial to maintaining loyalty, independent judgment, and ethical legal representation.
A conflict of interest under RPC 1.7 arises when a lawyer’s representation of one client is directly adverse to another—or when the lawyer’s responsibilities to one client may be materially limited by duties to another client, a former client, or the lawyer’s own interests.
Understanding RPC 1.7 Conflict of Interest
The full text of RPC 1.7 – Conflict of Interest: Current Clients outlines two main types of conflicts:
- Direct adversity: Representing two clients on opposite sides of the same matter.
- Material limitation: Representing one client while another client’s interests or the lawyer’s obligations interfere with loyalty or judgment.
In either case, the lawyer must assess whether the conflict is permissible and, if so, whether the affected clients can provide informed consent.
When Conflict of Interest Is Allowed with Informed Consent
Under RPC 1.7 conflict of interest rules, a lawyer may proceed if all four conditions are met:
- The lawyer reasonably believes they can provide competent and diligent representation to each affected client;
- The representation is not prohibited by law;
- The clients are not asserting claims against each other in the same case; and
- Each affected client gives informed consent in writing.
Failing to meet these conditions will result in a breach of RPC 1.7 and may trigger professional discipline.
Why RPC 1.7 Conflict of Interest Matters
The RPC 1.7 conflict of interest rule protects core values in the attorney-client relationship:
- Client loyalty
- Independent professional judgment
- Competent and diligent representation
- Protection from divided loyalties
Ignoring this rule could result in disqualification from a case, bar complaints, or even malpractice liability.
Practical Examples of Conflicts Under RPC 1.7
Here are a few common scenarios where this rule applies:
- Representing spouses in a divorce or business partners in a dispute.
- Representing a criminal defendant when a co-defendant is also a client.
- Representing two clients with differing goals in a settlement.
- Handling matters for a client when the lawyer has a personal stake in the outcome.
Lawyers must be vigilant in identifying and resolving conflicts before proceeding.
How to Stay Compliant with RPC 1.7 in Washington
To stay compliant with RPC 1.7 conflict of interest rules:
- Conduct thorough conflict checks before taking on a new client.
- Fully disclose potential conflicts to the client in clear terms.
- Obtain informed consent in writing when appropriate.
- Withdraw immediately if the conflict cannot be ethically resolved.
Internal Resources
- Understanding RPC 1.2 – Scope of Representation
- Understanding RPC 1.3 – Diligence in Legal Representation
- A Few Good Men: Legal Ethics in Washington
External Resources
For more information, view the full RPC 1.7 here.
Review our client resources here
Contact us anytime for your urgent legal needs.
About Blanford Law:
We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions. If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com
Additional Resources on Legal Ethics and Washington State RPCs
Explore these insightful articles that delve into legal ethics and the application of Washington State’s Rules of Professional Conduct (RPCs) through analyses of popular media and detailed rule examinations.
1. RPC Violations in Suits Season 2: A Washington State Perspective
This article examines the ethical missteps portrayed in Season 2 of Suits, analyzing how actions like unauthorized practice, conflicts of interest, and confidentiality breaches would be treated under Washington’s RPCs. It offers a practical lens on legal ethics through the show’s narrative.
2. A Few Good Men: Legal Ethics Lessons from Washington Law
Analyzing the film A Few Good Men, this piece discusses key ethical issues such as candor toward the tribunal, client confidentiality, and conflicts of interest, relating them to Washington’s RPCs. It provides valuable insights into the ethical obligations of attorneys.Blanford Law
3. Understanding RPC 1.2: Scope of Representation and Client Authority in Washington State
This article breaks down RPC 1.2, focusing on the allocation of authority between lawyer and client. It covers topics like limiting the scope of representation and the lawyer’s role in advising clients, emphasizing the importance of clear communication and informed consent.American Bar Association
4. Understanding RPC 1.3: Diligence in Legal Representation
Focusing on RPC 1.3, this piece highlights the necessity for lawyers to act with reasonable diligence and promptness in representing clients. It discusses managing workloads, avoiding procrastination, and the importance of seeing cases through to completion.Blanford Law+6Washington State Bar News+6WSBA+6