Advisory Opinion: 940

Year Issued: 1985

RPC(s): RPC 4.2; RCW 5.60.060; Formal Opinion 180

Subject: Marital privilege; contacting former spouse of opposing party

On review of your inquiry regarding contacting the former spouse of an opposing party in pending litigation, the Committee was of the opinion that since RCW 5.60.060 makes privileged confidential communications between spouses which is not affected by a subsequent divorce, a lawyer's ethical obligations are the same as when attempting to contact physician witnesses where a similar statutory privilege exists. I enclose a copy of Formal Opinion 180, which the Committee finds to be applicable to the marital privilege as well as the physician/patient privilege.

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.