Advisory Opinion: 1089

Year Issued: 1987

RPC(s): RPC 3.5

Subject: Ex parte conduct; Presentation of orders without notice to opposing counsel

The Committee considered your inquiry concerning the presentation of orders for fixing restitution ex parte without notice to opposing counsel. The Committee was of the opinion that such communication with a judge would be allowed by Rule 3.5 of the Rules of Professional Conduct if such communication is permitted by law. The Committee cannot give legal opinions as to whether the adoption of a local rule might satisfy this requirement. Neither can the Committee provide opinions concerning judicial ethics.

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.