RPC RULE 4.3
                 DEALING WITH UNREPRESENTED PERSON


  In dealing on behalf of a client with a person who is not
represented by counsel, a lawyer shall not state or imply that the
lawyer is disinterested.  When the lawyer knows or reasonably should
know that the unrepresented person misunderstands the lawyer's role in
the matter, the lawyer shall make reasonable efforts to correct the
misunderstanding. The lawyer shall not give legal advice to an
unrepresented person, other than the advice to secure counsel, if the
lawyer knows or reasonably should know that the interests of such a
person are or have a reasonable possibility of being in conflict with
the interests of the client.

Comment

  [1] An unrepresented person, particularly one not experienced in
dealing with legal matters, might assume that a lawyer is
disinterested in loyalties or is a disinterested authority on the law
even when the lawyer represents a client. In order to avoid a
misunderstanding, a lawyer will typically need to identify the
lawyer's client and, where necessary, explain that the client has
interests opposed to those of the unrepresented person. For
misunderstandings that sometimes arise when a lawyer for an
organization deals with an unrepresented constituent, see Rule 1.13(f).

  [2] The Rule distinguishes between situations involving
unrepresented persons whose interests may be adverse to those of the
lawyer's client and those in which the person's interests are not in
conflict with the client's. In the former situation, the possibility
that the lawyer will compromise the unrepresented person's interests
is so great that the Rule prohibits the giving of any advice, apart
from the advice to obtain counsel. Whether a lawyer is giving
impermissible advice may depend on the experience and sophistication
of the unrepresented person, as well as the setting in which the
behavior and comments occur. This Rule does not prohibit a lawyer from
negotiating the terms of a transaction or settling a dispute with an
unrepresented person. So long as the lawyer has explained that the
lawyer represents an adverse party and is not representing the person,
the lawyer may inform the person of the terms on which the lawyer's
client will enter into an agreement or settle a matter, prepare
documents that require the person's signature and explain the lawyer's
own view of the meaning of the document or the lawyer's view of the
underlying legal obligations.

Additional Washington Comments (3 - 4)

  [3] An otherwise unrepresented person to whom limited representation
is being provided or has been provided in accordance with Rule 1.2(c)
is considered to be unrepresented for purposes of this Rule unless the
opposing lawyer knows of, or has been provided with, a written notice
of appearance under which, or a written notice of time period during
which, he or she is to communicate only with the limited
representation lawyer as to the subject matter within the limited
scope of the representation. (The provisions of this Comment were
taken from former Washington RPC 4.3(b)).

  [4] Government lawyers are frequently called upon by unrepresented
persons, and in some instances by the courts, to provide general
information on laws and procedures relating to claims against the
government. The provision of such general information by government
lawyers is not a violation of this Rule.


[Amended effective September 1, 2006.]