Opinion 1738

You asked two questions: (1) Whether an attorney, who is a Tort Claims Administrator for the State of Washington, and his/her investigator (also a licensed attorney) may make ex parte contacts with injured claimants and their treating physicians, when the claimants are represented by counsel and, (2) Is a licensed attorney who works for the State of Washington in a non-legal capacity subject to the RPCs?
In response to question (1): The RPC Committee lacks authority to provide decisions to legal questions. As the question presented calls for a legal determination, the Committee declines to respond to the question.
In response to question (2): the Rules of Professional Conduct do apply to all licensed attorneys in Washington. Whether RPC 4.2 applies depends on whether the licensed attorney is providing legal representation or advice. Assuming, as you state, that no such legal advice is being provided, RPC 4.2 would not apply to preclude you from having ex parte contact. Other RPCs would apply to all attorneys regardless of whether legal advice is being provided, including RPC 8.4.

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.