Does the rule limiting lawyer contact with a physician about privileged information also cover privileged materials and medical records?

Plain-English summary

The inquiry asked about the reach of Formal Opinion 180, which addresses contact by attorneys with physicians concerning privileged information. The committee concluded that the principle stated in that opinion extends to privileged materials and medical records as well, not just to direct contact with the physician.

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 Treat this page as historical context, not current guidance.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: Does Formal Opinion 180 reach more than direct contact with a physician?

A: The committee concluded that its principle extends to privileged materials and medical records as well.

Q: What is the underlying principle?

A: It is the guidance in Formal Opinion 180 about attorney contact with physicians concerning privileged information; the committee read it to cover privileged materials and records of the same kind.

Background and rules framework

The committee did not cite a Rule of Professional Conduct by number. It rested on its earlier Formal Opinion 180, which governs attorney contact with physicians concerning privileged information, and extended that opinion's principle to privileged materials and medical records. This opinion is a companion to Opinion 940, which applied Formal Opinion 180 to the marital privilege.

Citations and references

Rules of Professional Conduct:

• The opinion cites no rule by number. It extends the principle of WSBA Formal Opinion 180 to privileged materials and medical records.

Other opinions cited:

• WSBA Formal Opinion 180 (attorney contact with physicians concerning privileged information).

See also

• WSBA Ethics Op. 940: marital privilege and contacting a former spouse, applying Formal Opinion 180
• CA COPRAC Op. 1975-033: defense counsel contacting plaintiff's treating physician
• LACBA Op. 490: ex parte communications with adverse witnesses

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=67

Original opinion text

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

Advisory Opinion: 956
Year Issued: 1985
RPC(s): Formal Opinion 180
Subject: (Needs language)

In reviewing your inquiry regarding Formal Opinion 180, the Committee was of the opinion that the principle stated in that opinion regarding contact by attorneys with physicians concerning privileged information would extend to privileged materials and medical records as well.