Opinion 1869

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1869 concerning plaintiff’s counsel wanting to contact defendant.

The Committee has reviewed your inquiry and determined the following:

RPC 4.2 prohibits a lawyer from communicating with a person who is represented by counsel, absent consent or authorization by law. The committee is of the opinion that RPC 4.2 clearly prohibits your contact with the opposing party under the facts you have described. A copy of RPC 4.2 is enclosed for your reference.

You also inquired about the conduct of opposing counsel. The committee limits its responses to the conduct of the inquiring lawyer and therefore is not in a position to respond to that portion of your inquiry. If you believe that opposing counsel’s conduct violates an ethical duty, you may, consistent with RPC 8.3 and duties imposed upon you under the Rules of Professional Conduct, direct that inquiry to the Washington State Bar Association, Office of Disciplinary Counsel.

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.