Advisory Opinion: 915

Year Issued: 1985

RPC(s): RPC 3.4 (f)

Subject: Asserting personal opinion before jury; indirect conduct prohibited

The question concerned a practice tip recommending that lawyers convey to the jury personal convictions why the lawyer's client should prevail, and if such advice violated the prohibition against a lawyer asserting his personal opinion as to the justness of the cause. The Committee was of the opinion that you are correct that a lawyer cannot do indirectly what he may not do directly. Rule 3.4 (f) of the Rules of Professional Conduct, which become effective September 1, 1985, clearly states this.

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.