Opinion 1372

The Committee reviewed your inquiry concerning the propriety of lawyers advising clients regarding Small Claims Court. The Committee also reviewed the Idaho formal opinion which you submitted with your inquiry. The Committee was of the opinion that there is nothing in the Rules of Professional Conduct that prohibit a lawyer from advising clients about the existence of Small Claims Court nor advising them about the procedure and conduct of a trial in Small Claims Court. Among other things, the Committee noted that in 1988 the Legislature enacted RCW 12.40.800 which directs the Administrator for the Courts to prepare a model small claims informational brochure to be made available to all parties of any small claims action. In that brochure it is noted that lawyers are not permitted to represent parties at trial in a small claims action, but it suggests that the party should seek the assistance of trained legal counsel for assistance in preparing the case.

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.