Opinion 1307

The Committee reviewed your inquiry concerning a lawyer's obligations when contacted by an adverse party whom the lawyer knows to be represented by counsel, and the adverse party states that he or she wants to discuss the matter directly without the involvement of his or her counsel. The Committee was of the opinion that the lawyer would have an ethical obligation to resolve the factual question of whether the adverse party continued to be represented by counsel. The Committee was of the opinion that before having direct contact with an adverse party, the lawyer should require that the other lawyer has actually withdrawn, have the consent of the other lawyer to have direct contact with the adverse party, or have a letter from the adverse party discharging his or her counsel.

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.