Ethics-Governance: Article: http://www.wsba.org/media/publications/barnews/archives/2001/jun-01-ethics.htm

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http://www.wsba.org/media/publications/barnews/archives/2001/jun-01-ethics.htm Ethics and the Law:Communicating with a Represented Governmental Client by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. Communicating with a Represented Governmental Client Rule 4.2 of Washington's Rules of Professional Conduct generally prohibits a lawyer from communicating about the subject of the representation with a person whom the lawyer knows is represented by another lawyer in the matter. The application of this rule is generally clear where both clients are individuals involved in a civil dispute. It is more complex where one or both of the clients is an entity. It becomes even more complex, and far more contentious, when the dispute involves criminal law, particularly involving federal prosecutors. This article looks at only one small part of the application of the rule. It first provides a brief overview of the rule, and then examines the limited application of RPC 4.2 in a civil, noncriminal context to a lawyer who (1) represents a client in a particular matter where the opposing client is a governmental entity or official, and (2) knows the governmental entity or official is represented by counsel in that particular matter, but (3) nonetheless wants to communicate directly with the opposing governmental entity or official about the represented matter. For a more general discussion of Washington's RPC 4.2, see Althoff, "Communicating with Represented Persons," (Washington State Bar News, February 2000, p. 47). Purpose and Scope of Rule Washington's RPC 4.2, captioned "Communication with Person Represented by Counsel," provides as follows: In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. Full Article: http://www.wsba.org/media/publications/barnews/archives/2001/jun-01-ethics.htm


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