Advisory Opinion: 1203

Year Issued: 1988

RPC(s): RPC 4.2; 8.4(c); 8.4(d)

Subject: Direct contact with adverse party; questions in deposition regarding separate matter for which client has other counsel

The Committee considered your inquiry concerning a client who is involved in two separate law suits with his landlord. The Committee understood the facts to be that the landlord is represented by the same counsel in both actions, while the defendant was represented by separate counsel in each action. Your inquiry concerned whether the lawyer representing the landlord in both actions could depose the defendant in connection with one law suit without providing notice to the deponent's attorney of record in the other law suit. After considerable discussion, the Committee was of the opinion that where legitimate questions asked during a deposition might overlap both cases, the deposing lawyer is required by RPC 4.2 and 8.4 (c & d) to give notice to the adverse lawyer. The Committee believes that resolves the other questions raised in your inquiry.

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.