Advisory Opinion: 1823

Year Issued: 1998

RPC(s): RPC 4.2

Subject: Contact with opposing party when lawyer purporting to represent that party refuses to provide letter of representation

[The inquiry concerned whether a lawyer should provide a letter of representation to opposing counsel, and if the lawyer refuses to provide such a letter, whether the opposing counsel could contact the party directly to find out if the party is represented.]

The Committee has reviewed your inquiry and determined that the following:

1. Whether a lawyer has a duty to disclose his/her representative capacity to a lawyer who represents a party is a question of the substantive law of agency, and therefore beyond the scope of the RPC Committee’s charter.
2. However, the failure of the lawyer to provide information clarifying the relationship could, in the proper circumstances, allow the requesting lawyer to contact the purported client directly.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.