What Is RPC 1.9 in Washington?
Under RPC 1.9, Washington lawyers have continuing duties to their former clients, even after the attorney-client relationship ends. These duties include avoiding conflicts of interest and maintaining confidentiality in future matters that are substantially related to prior representation.
If an attorney violates this rule, it may result in disqualification, client harm, or disciplinary action.
👉 View the full text of RPC 1.9 here (Outbound link to Washington Courts)
Key Duties to Former Clients
According to RPC 1.9 in Washington, an attorney must not represent a new client whose interests are materially adverse to those of a former client in the same or a substantially related matter, unless the former client gives informed written consent.
These duties help:
- Preserve client trust
- Maintain legal confidentiality
- Protect the integrity of the legal system
What Is a “Substantially Related Matter”?
A matter is “substantially related” when:
- It involves the same facts or issues as the prior case; or
- There is a risk that the attorney might use confidential information from the former client against them
For example, a lawyer who previously handled a client’s business formation may not represent a competitor in a lawsuit involving that business unless proper consent is given.
🡒 See also: RPC 1.6 and confidentiality obligations (Internal link)
Informed Consent in Writing
To comply with RPC 1.9 Washington, an attorney must obtain informed consent from the former client in writing. This means:
- The client fully understands the potential conflict
- The agreement is documented clearly
- No pressure or coercion is involved
Without proper consent, a court may disqualify the lawyer from the case or refer them for professional discipline.
When Can an Attorney Be Disqualified?
Violations of RPC 1.9 often result in disqualification—especially in civil litigation. Even if no confidential information is actively used, the appearance of impropriety is enough to undermine public trust and the legal process.
🡒 Need help with a conflict issue? Contact Blanford Law today for guidance. (Internal link)
Related Professional Rules
To fully understand an attorney’s ethical obligations, consider related Washington rules:
Conclusion: The Importance of RPC 1.9 in Washington
RPC 1.9 Washington is a critical rule that ensures attorneys maintain loyalty and confidentiality even after representation ends. For lawyers, understanding and complying with these obligations is essential. For clients, this rule provides peace of mind that sensitive information remains protected.
Why Choose Blanford Law?
At Blanford Law, we understand the importance of confidentiality and legal ethics in every case. Whether you’re a current or former client, we prioritize the protection of your interests. If you’re concerned about conflicts of interest or have questions about how your information is safeguarded, we’re here to provide clear guidance and solutions. Our commitment to upholding the Washington Rules of Professional Conduct ensures that your legal rights are always our top priority.
To see what our clients have to say about us, visit our Blanford Law Reviews.
Contact Blanford Law today to learn more about how we can assist you with any legal matter while ensuring full compliance with RPC 1.9 and other important ethical standards.
