Advisory Opinion: 1943

Year Issued: 2001

RPC(s): RPC 1.2; 1.4(b); 3.1

Subject: Application of RPCs; meritorious claims

The inquirer is a lawyer employed by the Dept. of Social and Health Services, Medical Assistant Administration, to defend client appeals of adverse denials of Medicaid medical services. The inquirer appears before administrative law judges in hearings that result in a decision binding on the department unless appealed. Occasionally the inquirer believes that a case should not, in good faith, be appealed. The position does not require a lawyer, although legal expertise is helpful in the job.

The committee opined that the RPCs apply to all lawyers licensed in Washington, regardless of the characterization of the position with the employer. As to the inquirer’s defense of cases as directed by the employer, RPC 3.1 addresses the inquirer’s responsibilities upon the determination by the inquirer that the matter cannot be defended in good faith. RPC 1.2 and 1.4(b) require disclosure to and consultation with the client.

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.