Advisory Opinion: 1668

Year Issued: 1996

RPC(s): RPC 4.2; RCW 42.17

Subject: Contact with represented party; lawyer contacts managerial agent of city that is adverse party to make public records request

The Committee discussed your inquiry regarding whether it is permissible under RPC 4.2 for an attorney representing a party in a lawsuit against a city to request public records pertaining to this lawsuit directly from an official who is a managerial agent of the city, if this official is the proper person to submit such public record requests. The Committee decided that a records request under RCW 42.17 et seq. provides a permissible independent justification for communicating with a government official who would otherwise be considered a party under RPC 4.2, as such contacts are expressly authorized by law under RCW 42.17 et seq. ABA Model RPC 4.2 (comments); RPC 4.2. Hence, an attorney’s contact with an appropriate municipal official, done solely to obtain public records, does not violate RPC 4.2, notwithstanding that the records sought may be related to the subject matter of the representation by the attorney of a client in one or more lawsuits against the city, and notwithstanding that the government official contacted by the attorney has managerial responsibility and would be considered a party under RPC 4.2 for purposes of the lawsuits.

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.