Can a lawyer tell the jury about a personal conviction that the lawyer's client should win?

Plain-English summary

The question concerned a practice tip that recommended lawyers convey to the jury personal convictions about why the lawyer's client should prevail, and whether following that advice would violate the prohibition against a lawyer asserting a personal opinion as to the justness of the cause.

The committee agreed that a lawyer cannot do indirectly what he may not do directly. It said that RPC 3.4(f) of the Rules of Professional Conduct, effective September 1, 1985, clearly states this.

Currency note

This opinion was issued in 1985, before the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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 share a personal conviction with the jury that the client should win?

A: No. The committee said RPC 3.4(f) prohibits a lawyer from asserting a personal opinion as to the justness of the cause, and a lawyer cannot accomplish that indirectly either.

Q: Does it matter that the lawyer conveys the opinion indirectly rather than stating it outright?

A: No. The committee agreed that a lawyer cannot do indirectly what the rule forbids him from doing directly.

Q: Which rule did the committee rely on?

A: RPC 3.4(f) of the Rules of Professional Conduct, effective September 1, 1985.

Background and rules framework

The opinion applies RPC 3.4(f), part of Washington's rule on fairness to the opposing party and counsel (the analog of Model Rule 3.4), which the committee read to prohibit a lawyer from asserting a personal opinion as to the justness of the cause before the jury. In the Model Rules, that prohibition appears in Rule 3.4(e). The committee's point was that the bar on the conduct applies whether the lawyer attempts it directly or indirectly.

Citations and references

Rules of Professional Conduct:

• Model Rule 3.4 (fairness to opposing party and counsel; the personal-opinion prohibition appears at Model Rule 3.4(e))
• Washington RPC 3.4(f) (asserting personal opinion as to the justness of the cause)

See also

• WSBA Ethics Op. 1006: client confidences and a sentencing court's error
• WSBA Ethics Op. 909: disclosing information that would reduce a client's benefits

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=26

Original opinion text

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

Advisory Opinion: 915
Year Issued: 1985
RPC(s): RPC 3.4 (f)
Subject: Asserting personal opinion before jury; indirect conduct prohibited

The question concerned a practice tip recommending that lawyers convey to the jury personal convictions why the lawyer's client should prevail, and if such advice violated the prohibition against a lawyer asserting his personal opinion as to the justness of the cause. The Committee was of the opinion that you are correct that a lawyer cannot do indirectly what he may not do directly. Rule 3.4 (f) of the Rules of Professional Conduct, which become effective September 1, 1985, clearly states this.