12. Communicating With Opposing Counsel
(1951)

The following query was recently presented to the Committee:

"Are the attorneys for the Veterans Administration, when they are licensed to practice law in this state and actively doing so, bound by the Canons of Professional Ethics of the American Bar Association, particularly with regard to communicating directly with an opposing party represented by counsel?"

Canon 9 of the Canons of Professional Ethics of the American Bar Association provides in part as follows:

"A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel."

Such Canon 9 is identical with Canon 9 of the Code of Ethics adopted by the Supreme Court of the State of Washington, and RCW 2.48.230 make such Code of Ethics the standard of ethics for the members of the Bar of this State.

The membership of this Committee, are of the opinion that attorneys for the Veterans Administration, licensed to engage in practicing law in this state, are clearly bound by all the provisions of the Code of Ethics adopted by the Supreme Court of this state, which is identical with the Canons of Professional Ethics of the American Bar Association, and hence, in view of Canon 9, that they may not communicate directly with an opposing party represented by counsel.

[See RPC 8.4,4.2]