Advisory Opinion: 1329

Year Issued: 1989

RPC(s): RPC 8.4(a); 4.2

Subject: Contact with opposing expert witness by witness retained by opposing party

The Committee reviewed your inquiry concerning an interpretation of Loudon v. Mhyre, 110 Wn.2d 675. Your inquiry concerned two issues, the first being whether that case applies to the Department of Labor & Industries. The Committee was of the opinion that that constitutes a legal question on which the Committee can render no opinion.

Your second inquiry concerned whether the actions of a witness hired by the Department in having ex parte contact with a treating physician violated the rules. The Committee was of the opinion that if that witness were an agent of the attorney representing the Department, then it would constitute conduct in violation of RPC 8.4(a), but could render no opinion on the facts as presented.

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.