Opinion 1990

The inquirer states that she represents a defendant in a pending lawsuit. The lawyer representing the plaintiff has died before the matter has been completed. No substitute counsel has appeared. She seeks guidance on what, if any, contact may be made with the opposing party in light of these circumstances.

The committee opined that the relevant rule is RPC 4.3 because the inquirer has a reasonable basis for believing that, after the death of the other lawyer, the plaintiff is no longer represented. The inquirer may directly contact the plaintiff and ask if they are currently represented. If the response is “yes”, the inquirer may ask the identity and means of contacting the new lawyer and all further communication with the plaintiff must cease. The inquirer should then contact the new lawyer. If the response is “no”, the inquirer may communicate with the plaintiff as a pro se party and discuss the merits of the dispute.

In the alternative, the inquirer may make a motion to the appropriate court in which the matter is pending for supervisory direction.

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.