Advisory Opinion: 1274

Year Issued: 1989

RPC(s): RPC 4.2

Subject: Communicating with represented persons; opposing counsel communicating with city employees

The Committee reviewed your inquiry concerning communication with city employees by adverse counsel. The Committee was of the opinion that nothing in the Rules of Professional Conduct prohibits such communication unless the employee is a speaking agent for the city regarding the matter which is the subject of the representation, or there is an actual attorney/client relationship between the prosecutor and the city employee in the matter which is the subject of [litigation]. The Committee also directed me to call your attention to a relevant Supreme Court opinion, Wright v. Group Health Hospital, 103 Wn.2d 192, 691 P.2d 564 (1984).

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.