Opinion 1317

The Committee reviewed your inquiry based upon hypothetical facts concerning a lawyer employed to represent a client at an adversarial hearing for child support. Without advising his client, the lawyer does not attend the hearing. The Committee was of the opinion that the lawyer's conduct violated RPC 1.4(a), which requires that a lawyer "keep a client reasonably informed about the status of a matter." You also asked whether the lawyer would have committed professional malpractice, but that is a legal question upon which the Committee can render no opinion. You also asked whether the claims officer, who is also an attorney, and who proceeded to have communications with the client, is in breach of the rules of professional responsibility including RPC 4.2. The Committee was of the opinion that the hearing officer would not have violated that or any other rules by your described conduct.

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.