Can a lawyer contact the heirs of a deceased contract party directly to pass along the client's proposal?
Apply this to your situation
This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The committee addressed a lawyer representing the purchaser on a real estate contract where the other party to the contract had died. The question was whether the lawyer could contact the deceased party's heirs directly.
The committee was unanimously of the opinion that the lawyer may contact the heirs of the deceased's estate directly to communicate the client's proposal.
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 4.2, the rule on communication with a represented person, was later renumbered and amended. Treat this page as historical context, not current guidance.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: The other party to my client's contract died. Can I contact the heirs myself?
A: The committee was unanimously of the opinion that a lawyer representing the purchaser on a real estate contract with a now-deceased party may contact the deceased's heirs directly to communicate the client's proposal.
Q: What was the lawyer permitted to communicate to the heirs?
A: Per the opinion, the client's proposal.
Background and rules framework
The opinion interprets Washington RPC 4.2 as it stood in 1986, the rule on communication with a person represented by counsel (corresponding to Model Rule 4.2). The committee applied it to a deceased contracting party's heirs and concluded that direct contact to convey the client's proposal was permissible.
Citations and references
Rules of Professional Conduct:
- Washington RPC 4.2 (communication with a represented person), corresponding to Model Rule 4.2.
See also
- WSBA Ethics Op. 1000: contact with an opposing party represented by counsel
- ABA Formal Op. 95-396: communications with represented persons
- ABA Formal Op. 92-362: contact with an opposing party about settlement
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=78
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 967
Year Issued: 1986
RPC(s): RPC 4.2
Subject: Lawyer representing a client may contact heirs of other party who has died
The Committee was of the unanimous opinion that you, representing the purchaser on a real estate contract with a party who is now deceased, may contact directly the heirs of the deceased's estate to communicate your client's proposal.
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