Should the Rules of Professional Conduct add a rule requiring lawyers to treat their clients with respect, deference, and dignity?

Plain-English summary

The inquiry asked whether a new Rule of Professional Conduct should be promulgated to mandate that lawyers treat their clients with respect, deference, and dignity. The committee responded that the proposed rule would be difficult to enforce, subject to abuse, and would chill lawyers from some kinds of advice and client control that are necessary.

The committee concluded that a separate rule was not needed. It pointed to the Preamble and Title 1 of the Rules of Professional Conduct, together with a lawyer's own interest in treating clients well, as sufficient.

Currency note

This opinion was issued in 1999, 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 Treat this page as historical context, not current guidance.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 Preamble and Title 1 (the client-lawyer relationship rules) the committee relied on were themselves restructured in the 2006 revisions, so verify the current rule text before relying on it.

Common questions

Q: Did the committee recommend adding a rule requiring lawyers to treat clients with respect?

A: No. The committee was of the opinion that the proposed rule would be difficult to enforce, subject to abuse, and would chill necessary advice and client control.

Q: Why did the committee think a new rule was unnecessary?

A: It found that the Preamble and Title 1 of the Rules of Professional Conduct, plus a lawyer's own interest in treating clients well, were sufficient.

Background and rules framework

The inquiry concerned a proposed addition to the Rules of Professional Conduct rather than the application of an existing numbered rule, so the committee did not tag a specific RPC. In declining to recommend the new rule, the committee relied on the existing Preamble and Title 1 of the Washington Rules of Professional Conduct, the part of the Rules addressing the client-lawyer relationship.

Citations and references

Rules of Professional Conduct:

• Washington Rules of Professional Conduct, Preamble and Title 1 (client-lawyer relationship), cited generally; no specific numbered rule

See also

No sibling opinions yet indexed.

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1063

Original opinion text

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

Advisory Opinion: 1870
Year Issued: 1999
RPC(s):
Subject: Proposed rule requiring lawyers to treat clients with respect, deference and dignity.

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1870 concerning a proposed addition to RPCs.

The Committee has reviewed your inquiry and determined that the following:

You inquired whether a new RPC should be promulgated that mandates that lawyers treat his or her clients with respect, deference and dignity. The committee is of the opinion that the rule you propose would be difficult to enforce, subject to abuse, and would chill lawyers from some kinds of advice and client control, which are necessary. The committee believes the Preamble and Title 1 of the Rules of Professional Conduct, and a lawyer’s own interests in treating clients well are sufficient.