What Is Washington RPC 3.4?
Washington RPC 3.4 is a rule in the Washington Rules of Professional Conduct that governs how attorneys must treat opposing parties and their counsel during the litigation process. The rule aims to preserve fairness and integrity in legal proceedings by restricting certain conduct that could disadvantage another party or undermine the judicial system.
This rule applies to all lawyers practicing in Washington and sets clear boundaries on behavior related to evidence, witnesses, discovery, and courtroom argument. It reflects core ethical duties lawyers owe not only to their clients but also to the legal process itself.
Key Requirements of Washington RPC 3.4
Under Washington RPC 3.4, a lawyer must not engage in certain types of unfair or obstructive conduct, including the following:
1. No Obstruction of Evidence
A lawyer must not unlawfully block another party’s access to evidence or alter, destroy, or conceal documents or materials that might have evidentiary value. This includes directing others to engage in such acts.
This rule ensures relevant information remains available for discovery and trial, supporting a fair adjudicative process.
2. No Falsifying or Influencing Witnesses Improperly
Washington RPC 3.4 prohibits lawyers from:
- Falsifying evidence;
- Counseling or assisting a witness to testify falsely;
- Offering prohibited incentives to influence witness testimony.
Witness tampering and fabricated evidence not only violate ethics rules, but also often violate criminal laws.
3. Obey Court Rules and Orders
Lawyers must not knowingly refuse to comply with tribunal obligations (such as court orders), unless they openly dispute that those obligations are valid. This promotes respect for procedural rules and discourages gamesmanship.
4. Fairness in Discovery
During pretrial procedures:
- Lawyers cannot make frivolous discovery requests designed to burden the opposing party;
- Lawyers must make reasonable efforts to comply with proper discovery requests from the other side.
Discovery is a cornerstone of modern litigation; unfair tactics can delay justice and inflate litigation costs.
5. Ethical Conduct at Trial
In trial, lawyers must avoid references or arguments that a reasonable lawyer does not believe will be supported by admissible evidence. They also may not:
- Assert personal knowledge of the facts at issue (unless testifying as a witness);
- State personal opinions about the credibility of a witness or a party’s guilt or innocence.
This helps keep arguments grounded in admissible evidence, rather than prejudice or speculation.
Why Washington RPC 3.4 Matters
Rule 3.4 reinforces the integrity of the adversarial system. Legal disputes rely on fair competition between parties, where each can reasonably present their evidence and arguments. Obstructive or deceptive tactics harm not only the opposing side, but the justice system as a whole.
For example:
- Tampering with evidence can frustrate an opposing party’s right to a fair trial.
- Improper interference with witnesses can skew the fact-finding process.
- Discovery abuse can delay resolution and inflate legal costs.
Courts and disciplinary bodies enforce this rule strictly because violations strike at the heart of fairness and due process.
Consequences of Violating Washington RPC 3.4
Failing to comply with Rule 3.4 can trigger serious professional and judicial consequences, including:
- Disciplinary action by the Washington State Bar;
- Court sanctions, such as fines or adverse inferences;
- Damage to a lawyer’s reputation and credibility before tribunals.
Because these conduct standards are so fundamental, violations are taken seriously in both civil and criminal contexts.
Bottom Line for Lawyers and Clients
Lawyers must pursue their client’s interests vigorously, but not unfairly or at the cost of another party’s rights or the integrity of the judicial system. Washington RPC 3.4 ensures that lawyers respect both sides of a dispute and adhere to procedural fairness during litigation.
If you are involved in litigation or have questions about attorney conduct and ethical duties, understanding rules like RPC 3.4 can help you better navigate the process and protect your rights.
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About Blanford Law:
We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers—that is just who we are. More than 20 years ago, Ken began practicing law with a deeply seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.
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Contact Blanford Law today at ken@blanfordlaw.com or 253-720-9304 for guidance on your legal matter.
Additional Resources
- IRLJ Governs Traffic Infractions
Learn how the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) govern traffic infractions and court procedures in Washington State.
https://blanfordlaw.com/irlj-governs-traffic-infractions/ - IRLJ 6.5 – Rules Superseded
Understand which procedural rules are superseded under IRLJ 6.5 and how that affects traffic infraction cases.
https://blanfordlaw.com/irlj-6-5-rules-superseded/ - IRLJ 6.6 – Speed Certification
A breakdown of IRLJ 6.6 and how speed measuring device certifications impact speeding tickets in Washington.
https://blanfordlaw.com/irlj-6-6-speed-certification/ - IRLJ 6.7 – Identity Challenges
Explore how IRLJ 6.7 allows defendants to challenge identity in traffic infraction proceedings.
https://blanfordlaw.com/irlj-6-7-identity-challenges/ - RPC 3.4 Washington – Fairness to Opposing Party
Read more about Washington RPC 3.4 and the ethical obligations attorneys owe to opposing parties in litigation.
https://blanfordlaw.com/rpc-3-4-washington/