Advisory Opinion: 2072

Year Issued: 2004

RPC(s): RAP 10.4(h), RPC 3.1, 3.4(c)

Subject: Citing to a trial court as precedential authority an unpublished opinion of the Washinton Court of Appeals

The inquirer asks if it is a violation of the RPCs to cite to a trial court, as precedential authority, an unpublished opinion of the Washington State Court of Appeals in light of the prohibition of RAP 10.4(h).

The committee does not issue opinions about the conduct of lawyers other than the one inquiring. Thus, in order to address the inquiry, the committee’s response assumes the requestor is inquiring about his own proposed conduct. Further, the committee does not opine as to questions of law. Citing to an unpublished opinion appears not to result in a per se violation of the RPCs. Nonetheless, citations to such authorities should only be made after consideration of RPC 3.1 and 3.4(c).

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.