Can a lawyer advise a client about small claims court and how to conduct a small claims trial, even though lawyers cannot appear at trial there?

Plain-English summary

The inquiry concerned the propriety of lawyers advising clients about small claims court. The committee also reviewed an Idaho formal opinion submitted with the inquiry. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from advising clients about the existence of small claims court, or about the procedure and conduct of a trial in small claims court.

The committee noted that in 1988 the Legislature enacted RCW 12.40.800, directing the Administrator for the Courts to prepare a model small claims informational brochure for all parties to a small claims action. That brochure notes that lawyers are not permitted to represent parties at trial in a small claims action, but suggests that a party should seek the assistance of trained legal counsel in preparing the case.

Currency note

This opinion was issued in 1990, 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 Treat this page as historical context, not current guidance.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 advise a client about a small claims case even though the lawyer cannot appear at trial?

A: Under this 1990 opinion, yes; the committee was of the opinion that nothing in the rules prohibits advising clients about the existence of small claims court or the procedure and conduct of a small claims trial.

Q: Did the committee see any tension with lawyers being barred from small claims trials?

A: No. The committee noted that the Legislature's own small claims brochure, while stating lawyers may not represent parties at trial, suggests a party seek trained legal counsel to help prepare the case.

Background and rules framework

At the time of this opinion, Washington's RPC 3.4(c) addressed knowingly disobeying an obligation under the rules of a tribunal, and RPC 8.4(d) prohibited conduct prejudicial to the administration of justice, the subjects the Model Rules place in Rules 3.4 and 8.4. The committee concluded that advising a client about small claims court and trial procedure does not run afoul of those rules, distinguishing advice and preparation from prohibited courtroom representation, and pointed to RCW 12.40.800.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 3.4 (fairness to opposing party and counsel)
• ABA Model Rule 8.4(d) (conduct prejudicial to the administration of justice)
• Washington RPC 3.4(c), 8.4(d)

Statutes:

• RCW 12.40.800 (model small claims informational brochure)

Other opinions cited:

• An Idaho formal ethics opinion submitted by the inquirer

See also

• WA Ethics Op. 1359: Disclosing Police Reports to a Criminal Defendant
• WA Ethics Op. 1345: Client's Decision on Jury Instructions

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=452

Original opinion text

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

The Committee reviewed your inquiry concerning the propriety of lawyers advising clients regarding Small Claims Court. The Committee also reviewed the Idaho formal opinion which you submitted with your inquiry. The Committee was of the opinion that there is nothing in the Rules of Professional Conduct that prohibit a lawyer from advising clients about the existence of Small Claims Court nor advising them about the procedure and conduct of a trial in Small Claims Court. Among other things, the Committee noted that in 1988 the Legislature enacted RCW 12.40.800 which directs the Administrator for the Courts to prepare a model small claims informational brochure to be made available to all parties of any small claims action. In that brochure it is noted that lawyers are not permitted to represent parties at trial in a small claims action, but it suggests that the party should seek the assistance of trained legal counsel for assistance in preparing the case.