Advisory Opinion:
1821
Year Issued:
1998
RPC(s):
RPC 1.4; 1.6; 1.7(b); 1.15; 4.3
Subject:
Formation of attorney-client relationship; conflict of interest; adverse party leaves lawyer detailed voice mail message about potential lawsuit against current client
The Committee researched and reviewed your inquiry concerning the responsibility of a lawyer to his own client and to a caller who leaves a detailed message about the caller’s possible law suit against the lawyer’s client on lawyer’s answering machine when seeking to hire the lawyer and determined the following:
As you point out in your letter, answering your question requires first a determination whether a client-lawyer relationship exists. That is a legal question and this Committee is prohibited from giving opinions on legal questions.
To resolve this question for yourself, you may want to read the Preamble to the ABA Model Rules of Professional Conduct and In re McGlothlen, 99 Wn.2d 515, 663 P.2d 1330 (1983); Bohn v. Cody, 119 Wn.2d 712, 862 P.2d 117 (1992); and State v. Hansen, 122 Wn.2d 712, 862 P.2d 117 (1993).
If you conclude that you have no client-lawyer relationship with the caller, then your obligation to the caller is prescribed by RPC 4.3 and it is the Committee’s opinion that your secretary’s call to the caller satisfied that requirement. Your obligation to your own client, the company, would be prescribed by RPC 1.4 and you would be required to inform the company of the pending lawsuit.
If you conclude that you do have a client-lawyer relationship with the caller, then your obligations are prescribed by RPC 1.6, 1.7(b) and 1.15(a)(i). You will have to keep the content of the call confidential and you will have to decline to represent the company in the caller’s lawsuit.
***
