What rules apply when a Washington lawyer represents a client before a foreign government agency, and does the attorney-client privilege carry over?

Plain-English summary

The committee addressed a lawyer appearing with another person before a foreign government agency, framing the answer around whether that activity is the practice of law. The official record for this number is a committee summary; the underlying opinion text is noted as missing.

Per that summary, if appearing before the foreign government agency is the practice of law, the lawyer must comply with the Rules of Professional Conduct. If it is not the practice of law, the lawyer has to inform the client that the relationship is not protected by privilege. And if the arrangement is a business transaction with the client, the lawyer must comply with RPC 1.8.

Currency note

This opinion was issued in 1995, 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 Treat this page as historical context, not current guidance.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. The official record for this opinion is a summary; the full opinion text is noted as missing at the source.

Common questions

Q: Does representing a client before a foreign government agency trigger the Rules of Professional Conduct?

A: Per the summary, it does if appearing before the agency is the practice of law; in that case the lawyer must comply with the RPCs.

Q: What if appearing before the foreign agency is not the practice of law?

A: The summary says the lawyer then has to inform the client that the relationship is not protected by privilege.

Q: When does RPC 1.8 come into the picture?

A: The summary says that if the arrangement is a business transaction with the client, the lawyer must comply with RPC 1.8.

Background and rules framework

The summary keys off RPC 1.1 (competence) and RPC 1.2(c) (limiting the scope of a representation), corresponding to ABA Model Rules 1.1 and 1.2, with the threshold question being whether appearing before a foreign government agency constitutes the practice of law. It also flags RPC 1.8 (ABA Model Rule 1.8) where the arrangement amounts to a business transaction with the client.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.1 (competence); Washington RPC 1.1
• ABA Model Rule 1.2 (scope of representation); Washington RPC 1.2(c)
• ABA Model Rule 1.8 (business transactions with a client); Washington RPC 1.8

See also

• WA Ethics Op. 1163: Conduct in Out-of-State Federal Court
• WA Ethics Op. 1069: Client Acting Against the Objectives of Representation

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=639

Original opinion text

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

Advisory Opinion: 1558
Year Issued: 1995
RPC(s): RPC 1.1, 1.2(c), 1.8
Subject: Representation of clients before foreign government agencies; competence; limitation on scope of representation.

If appearing with another person before a foreign government agency is the practice of law, must comply with RPCs. If it is not the practice of law, then attorney has to inform clients that client is not protected by privilege. If it is business transaction with client, attorney must comply with 1.8. [Ed. Note - this a summary; opinion is missing.]