When it is unclear who a lawyer's client is, what does the lawyer have to do about the relationship?

Plain-English summary

The inquiry turned on determining who the lawyer's client was. The committee said the answer to the inquiry depended on that determination, which it viewed as a legal question on which it could render no opinion, and which the lawyer should attempt to resolve with the client.

The committee added one ethical point it could speak to: RPC 4.3 obligates the lawyer to make clear, to all parties with whom the lawyer is dealing, whether a lawyer-client relationship exists.

Currency note

This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Will an ethics committee decide who a lawyer's client is?

A: Per this opinion, no. The committee treated who the client is as a legal question it could not answer, and said the lawyer should resolve it with the client.

Q: What duty did the committee identify under RPC 4.3?

A: That the lawyer must make clear to all parties with whom the lawyer is dealing whether a lawyer-client relationship exists.

Background and rules framework

The opinion applied RPC 4.3 (dealing with an unrepresented person, corresponding to ABA Model Rule 4.3), which the committee read to require the lawyer to make clear to all parties whether a lawyer-client relationship exists. The committee otherwise declined the underlying question of who the client was as a legal one outside its remit.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 4.3 (dealing with unrepresented person); Washington RPC 4.3

See also

• WSBA Ethics Op. 1821: Adverse Caller's Voicemail
• WSBA Ethics Op. 928: No Client Relationship, No Authority
• WSBA Ethics Op. 1411: Prospective Client Conflicts

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1152

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1098
Year Issued: 1987
RPC(s): RPC 4.3
Subject: Existence of Lawyer-client relationship

The Committee was of the opinion that the answer to your inquiry depends on determining who your client is. The Committee believes that to be a legal question on which the Committee can render no opinion, and that it is something you should attempt to resolve with [your client]. The Committee is of the opinion that Rule 4.3 of the Rules of Professional Conduct does obligate your to make clear to all parties with whom you are dealing whether a lawyer-client relationship exists.