Formal Opinion 66.
Attorney Communicating Directly With the Opposing Party
(1960)

You inquired of the Washington State Bar Association as to the ethical propriety of an attorney forwarding a copy of a settlement demand directly to the opposing party when he also sends the original letter to the attorney representing the opposing party.

Canon 9 "Negotiations with Opposite Party" provides in part:

"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."

It is the opinion of the Committee that the above Canon, particularly the first sentence, prohibits the conduct you have inquired about. Even though the attorney for the opposing party has been notified of the settlement demand by letter at the same time as the copy goes out to the opposing party, the vice in the situation lies in the fact that it tends to encourage the opposing party to deal directly with the attorney proposing the settlement.

It is, of course, just as unethical for the attorney for the defendant to send a copy of a letter making a settlement offer direct to the plaintiff, even though at the same time the plaintiff's attorney receives the original letter.

You are therefore correct in your assumption that the conduct referred to is prohibited by the Canons of Ethics.

[See Opinion 96]