Advisory Opinion: 1306

Year Issued: 1989

RPC(s): RPC 3.7

Subject: Lawyer as witness in arbitration or administrative proceedings; advocate not member of Washington bar

The Committee reviewed your inquiry concerning whether the requirements of RPC 3.7 applied to private arbitration hearings under collective bargaining agreements and/or unfair labor practice hearings and was of the unanimous opinion that the term "trial" in that rule applies to such administrative proceedings. The Committee was further of the opinion that Washington's rule would not apply if the lawyer acting as the advocate was not a member of the Washington Bar, nor would it, in those circumstances, prohibit a Washington lawyer from acting as a witness.

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.