Advisory Opinion: 1303

Year Issued: 1989

RPC(s): RPC 3.5; 8.4(d)

Subject: Lawyer engaging in casual conversation with prospective jurors


The Committee reviewed your inquiry concerning the question of whether it is proper for a prosecuting attorney, or assumably for any lawyer, to engage in casual conversation with prospective jurors. After considerable discussion, the Committee was of the opinion that such practice would be prohibited by RPC 3.5, since such casual conversation might lead to influencing a prospective juror, and RPC 8.4(d) as such casual conversation might be prejudicial to the administration of justice.

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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.