RULE 3.4:
                    FAIRNESS TO OPPOSING PARTY AND COUNSEL


A lawyer shall not:

    (a) unlawfully obstruct another party's access to evidence or unlawfully
alter, destroy or conceal a document or other material having potential
evidentiary value. A lawyer shall not counsel or assist another person to do
any such act;

    (b) falsify evidence, counsel or assist a witness to testify falsely, or
offer an inducement to a witness that is prohibited by law;

    (c) knowingly disobey an obligation under the rules of a tribunal except for
an open refusal based on an assertion that no valid obligation exists;

    (d) in pretrial procedure, make a frivolous discovery request or fail to make
reasonably diligent effort to comply with a legally proper discovery request by
an opposing party; or

    (e) in trial, allude to any matter that the lawyer does not reasonably
believe is relevant or that will not be supported by admissible evidence,
assert personal knowledge of facts in issue except when testifying as a
witness, or state personal opinion as to the justness of a cause, the
credibility of a witness, the culpability of a civil litigant or the guilt or
innocence of an accused.

    (f) [Reserved.]


                                       Comment

    [1] The procedure of the adversary system contemplates that the evidence in
a case is to be marshaled competitively by the contending parties. Fair
competition in the adversary system is secured by prohibitions against
destruction or concealment of evidence, improperly influencing witnesses,
obstructive tactics in discovery procedure, and the like.

    [2] Documents and other items of evidence are often essential to establish a
claim or defense. Subject to evidentiary privileges, the right of an opposing
party, including the government, to obtain evidence through discovery or
subpoena is an important procedural right. The exercise of that right can be
frustrated if relevant material is altered, concealed or destroyed. Applicable
law in many jurisdictions makes it an offense to destroy material for purpose
of impairing its availability in a pending proceeding or one whose commencement
can be foreseen. Falsifying evidence is also generally a criminal offense.
Paragraph (a) applies to evidentiary material generally, including computerized
information. Applicable law may permit a lawyer to take temporary possession of
physical evidence of client crimes for the purpose of conducting a limited
examination that will not alter or destroy material characteristics of the
evidence. In such a case, applicable law may require the lawyer to turn the
evidence over to the police or other prosecuting authority, depending on the circumstances.

    [3] With regard to paragraph (b), it is not improper to pay a witness's
expenses or to compensate an expert witness on terms permitted by law. The
common law rule in most jurisdictions is that it is improper to pay an
occurrence witness any fee for testifying and that it is improper to pay an
expert witness a contingent fee.

    [4] [Reserved.]


Additional Washington Comment (5)

    [5] Washington did not adopt Model Rule 3.4(f), which delineates
circumstances in which a lawyer may request that a person other than a client
refrain from voluntarily giving information to another party, because the Model
Rule is inconsistent with Washington law. See Wright v. Group Health Hospital,
103 Wn.2d 192, 691 P.2d 564 (1984). Advising or requesting that a person other
than a client refrain from voluntarily giving information to another party may
violate other Rules. See, e.g., Rule 8.4(d).


[Amended effective September 1, 2006; September 1, 2011.]