WSBA 1989

May a prosecutor, or any lawyer, engage in casual conversation with prospective jurors?

Short answer: After considerable discussion, the committee was of the opinion that such casual conversation would be prohibited by RPC 3.5, because it might lead to influencing a prospective juror, and by RPC 8.4(d), because it might be prejudicial to the administration of justice.

Apply this to your situation

This page answers the general question as of 1989. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry asked whether it is proper for a prosecuting attorney, or assumably for any lawyer, to engage in casual conversation with prospective jurors. After considerable discussion, the committee was of the opinion that such practice would be prohibited by RPC 3.5, since such casual conversation might lead to influencing a prospective juror, and by RPC 8.4(d), as such casual conversation might be prejudicial to the administration of justice.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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: Can a lawyer chat casually with prospective jurors?

A: Under this 1989 opinion, no. The committee concluded the practice would be prohibited by RPC 3.5 and RPC 8.4(d).

Q: Why is casual conversation a problem?

A: Because, in the committee's view, it might lead to influencing a prospective juror (RPC 3.5) and might be prejudicial to the administration of justice (RPC 8.4(d)).

Q: Does the conclusion apply only to prosecutors?

A: The inquiry came from a prosecuting attorney, but the committee framed its answer to apply to any lawyer.

Background and rules framework

RPC 3.5, Washington's version of ABA Model Rule 3.5, prohibits a lawyer from seeking to influence a juror or prospective juror by means prohibited by law and from improper ex parte communication. RPC 8.4(d), corresponding to ABA Model Rule 8.4(d), makes it professional misconduct to engage in conduct prejudicial to the administration of justice. The committee read both rules to bar a lawyer's casual conversation with prospective jurors.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 3.5 (impartiality and decorum of the tribunal; improper influence on jurors)
ABA Model Rule 8.4(d) (conduct prejudicial to the administration of justice)
Washington RPC 3.5; RPC 8.4(d)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=383

Original opinion text

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

The Committee reviewed your inquiry concerning the question of whether it is proper for a prosecuting attorney, or assumably for any lawyer, to engage in casual conversation with prospective jurors. After considerable discussion, the Committee was of the opinion that such practice would be prohibited by RPC 3.5, since such casual conversation might lead to influencing a prospective juror, and RPC 8.4(d) as such casual conversation might be prejudicial to the administration of justice.

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