Advisory Opinion: 1000

Year Issued: 1986

RPC(s): RPC 4.2

Subject: Contact with opposing party represented by counsel

[In the first hypothetical, a lawyer sends a reminder notice to an opposing party, with a copy to his lawyer, for a judgment due based on an order in a pending case. In the second hypothetical, the lawyer learns from his client in a child custody case that her husband's home telephone is disconnected and then calls the husband, who is represented by counsel, at work solely for the purpose of obtaining an address where his client can forward the husband's mail.] The Committee considered your two hypothetical questions concerning direct contact by a lawyer with an adverse party who is represented by counsel, and was of the unanimous opinion that under both hypotheticals, the attorney's conduct would violate RPC 4.2.

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.