Opinion 1601

The Committee discussed your inquiry regarding your ethical responsibilities as a defense attorney in responding to various questions from clients and witnesses. It was the Committee's opinion that you have a duty under RPC 1.1 and 1.4 to advise your client of the law on issues relevant to your client's case. If you believe that your client is contemplating committing acts that violate the law, it is your duty to advise your client on the legal consequences of committing those acts. You should also advise your client against committing those acts.

Regarding your ethical responsibilities as a defense attorney in responding to questions from a victim/witness, the following rules apply: (1) If you know the victim/witness is represented by counsel, RPC 4.2 prohibits you from communicating about the subject matter without the consent of the victim/witness's attorney. Even with the consent of the attorney, under RPC 1.7 and 4.3 you should decline to answer any questions from the victim/witness which call for legal advice. (2) RPC 4.3 requires you to make reasonable efforts to correct the victim/witness's misunderstanding regarding your role in the matter. (3) In response to questions calling for legal advice when the victim/witness is not represented by counsel, you should tell the victim/defendant to seek the advice of another attorney, as you are prohibited by RPC 1.7 from giving legal advice to the victim/witness.

Whether it is proper to tell the defendant that there is no need for the defendant to call the police per an officer's request depends on the legal duties of the defendant under the circumstances, which is a question of law. The Committee is prohibited from issuing legal opinions. If there is an affirmative legal duty to comply with such a request by an officer, then the client should be advised accordingly.

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.