Advisory Opinion: 2030

Year Issued: 2003

RPC(s): RPC 4.4

Subject: requesting medical records

The inquirer asks whether, in the course of obtaining medical records pursuant to RCW 70.02.060, a defense attorney’s legal assistant can contact the health care provider by telephone for the limited purpose of determining whether the health care provider will be providing the requested medical records by mail or whether a deposition will be needed.

This Committee does not have authority to opine on the question of whether such contact is or is not permitted under the holding in Loudon v. Mhyre, 110 Wn.2d 675 (1988). If such contact is barred by the Louden case, there may be an ethical issue with regard to RPC 4.4.

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.