Advisory Opinion: 1363

Year Issued: 1992

RPC(s): RPC 4.2

Subject: Communicating with party represented by counsel; contact with government agency personnel

The Committee reviewed your inquiry concerning the question of whether counsel for a corporation which is subject to a consent decree by the Environmental Protection Agency may properly communicate with the acting regional administrator during pendency of a possible enforcement proceeding or whether that contact should be through counsel for the administrator. The Committee is of the opinion that RPC 4.2 provides authority to contact a government official even when represented by counsel when such contact is authorized by law. This is consistent with the Supreme Court opinion in Wright v. Group Health Hospital, 103 Wn.2d 192 (1984). However, the Committee, which is charged with interpreting the Rules of Professional Conduct only, cannot render an opinion on whether such contact is authorized by law.

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.