Can a lawyer directly contact the insurer of an adverse party who is represented by counsel?
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This page answers the general question as of 1992. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The available record for this opinion is a one-sentence summary; the full text is noted as missing in the official source. Per that summary, the committee was of the opinion that a lawyer should treat an adverse party's insurer as an adverse, represented party for purposes of communication under RPC 4.2.
Currency note
This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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: Can a lawyer contact the adverse party's insurer directly?
A: Per the summary, the committee said the lawyer should treat the adverse party's insurer as a represented party for purposes of RPC 4.2, which restricts contact with represented persons.
Q: What rule controls this contact?
A: RPC 4.2, the rule on communication with a person represented by counsel.
Background and rules framework
The opinion applies RPC 4.2 (communication with a person represented by counsel), corresponding to ABA Model Rule 4.2. The committee's summary treats the adverse party's insurer as standing in the shoes of the represented adverse party, bringing direct contact with the insurer within the no-contact rule.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 4.2 (communication with represented persons); Washington RPC 4.2
See also
- ABA Formal Op. 95-396: The No-Contact Rule (4.2)
- WA Ethics Op. 1397: Ex Parte Contact With a Guardian ad Litem
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=572
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1492
Year Issued: 1992
RPC(s): RPC 4.2
Subject: Direct contact with opponent's insurer.
Lawyer should treat adverse party's insurer as adverse client for purposes of RPC 4.2 communication with represented party. [Ed. Note - this is a summary; original opinion is missing.]
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