Advisory Opinion: 972

Year Issued: 1986

RPC(s): RPC 4.2,;8.3

Subject: Communication with garnishment plaintiff represented by counsel; reporting professional misconduct

A lawyer representing a garnishee defendant and judgment debtor contacted the opposing party, who was represented by counsel, directly by letter. The Committee was of the opinion based upon the hypothetical facts set out in your inquiry that Rule 4.2 of the Rules of Professional Conduct would make it improper for the lawyer representing the garnishee defendant to directly contact the adverse party regarding that matter when he knew the adverse party was represented by a lawyer. The Committee was further of the opinion that the use of the word "should" in RPC 8.3 does not require that a lawyer report misconduct by another lawyer. The Committee did not fully understand the last question set out in your inquiry, but did reach the conclusion that if the defendant's lawyer had consented to the opposing lawyer directly contacting his client, the opposing lawyer could do so pursuant to RPC 4.2.

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.