Opinion 1851

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry concerning the obligation of the prosecuting attorney to a client.

The Committee has reviewed your inquiry and determined the following: Although your inquiry is phrased in the hypothetical, the issue could only arise in the context of pending litigation, and the committee, in accordance with its rules of procedure, does not comment upon pending litigation. In addition, your inquiry asks whether the conduct of opposing counsel is ethical. The committee does not comment upon the ethics of lawyers other than the inquiring lawyer. Such inquiries are best directed to the Office of Disciplinary Counsel.

Finally, you ask whether, if faced with the hypothetical situation you describe, you would be compelled to report opposing counsel to the Bar association. Without commenting upon the conduct of the prosecutor in your hypothetical, we refer you to RPC 8.3(a), which indicates that a lawyer having knowledge that another lawyer has committed a violation of the RPCs that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer should, not shall, inform the appropriate professional authorities.

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.