Opinion 1892

The inquiring lawyer concentrates his law practice in the area of criminal law. He has access to licensed investigators and wishes to state in his yellow pages advertisement that investigative services are available.

The committee stated that nothing in the Rules of Professional Conduct would prohibit the lawyer from stating in his yellow pages advertisement that investigative services are available, provided that the statement is accurate and not misleading. RPC 7.1.

However, the lawyer’s letter raised some concern for the committee when the lawyer suggested that RPC 1.6(a) may create a privilege for an investigator the lawyer retains. RPC 1.6(a) does not create an enforceable privilege, but only an ethical obligation to the lawyer. The extent of any privilege, which the investigators might have by virtue of their employment through the lawyer, is a legal question that is beyond the purview of the committee. However, the lawyer should consider conducting appropriate legal research into the question before directing the activities of the investigators, whom the lawyer retains.

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.