Advisory Opinion: 1844

Year Issued: 1998

RPC(s): RPC 1.6; 3.5; 7.2(d); 7.3; 7.4

Subject: Communication with judges; sending lawyer liability newspaper to judges and justices

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1844 concerning the publication of a lawyer liability newspaper.

The Rules of Professional Conduct Committee has met and considered your request regarding any ethical issues raised by sending a newsletter on lawyer liability issues to judges and justices before whom you practice.

Assuming that you are careful to comply with RPC 1.6 regarding confidentiality, and RPC 3.5 regarding ex parte communications and/or seeking to influence a judge, the sending of your proposed newsletter to judges and justices should be allowed. There may be a legal question to the extent that RPC 3.5(b) refers to communication "permitted by law", and this committee does not give legal opinions.

You should also be careful to comply with the requirements of RPC 7.2(d), 7.3 and 7.4.

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.