Advisory Opinion: 1669

Year Issued: 1996

RPC(s): RPC 3.4(a); 4.2; 4.1(a); 4.3; 8.4(a); 8.4(b)

Subject: Communication with unrepresented parent of party; indirect communication with represented party

The Committee reviewed your inquiry regarding whether the Rules of Professional Conduct permit you, in your role as defense counsel, to communicate and attempt to settle a claim with the registered owner of the vehicle involved in an automobile/personal injury lawsuit. The registered owner is the plaintiff's father, is not a party to the lawsuit, and is not represented by counsel. The Committee concluded that the Rules do not prohibit you from communicating independently with, nor attempting to settle with, a person who is not represented by counsel. However, particularly because of the familial relationship involved, care should be taken to comply with Rules 3.4(a), 4.1(a), 4.3, and 4.4.

In addition, you asked whether it was permissible to indirectly communicate with plaintiff through the plaintiff’s unrepresented father. The Committee decided that Rules 4.2 and 8.4(a) and (b) prohibit you from using the plaintiff’s father as a conduit to communicate indirectly with the represented plaintiff

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.