Facts: Petitioner Nancy Wright filed a medical malpractice action against respondent Group Health Hospital after she was injured during the delivery of her son. Group Health Hospital subsequently instructed employees not party to the case not to discuss the case with Wright’s attorney. The Superior Court for King County held that it was not improper for Group Health to issue these instructions as ex parte interviews with Wright’s attorneys would violate Washington Code of Professional Responsibility DR 7-104(A)(1). Wright appealed this decision to the Supreme Court of Washington.

Question(s): Does Washington Code of Professional Responsibility DR 7-104(A)(1) prohibit attorneys from meeting ex parte with employees of adverse parties?

If not, was it proper for Group Health to order its employees not to meet with Wright’s attorneys?

Conclusion: Justice Dolliver’s opinion for a unanimous Court held that it would not be unethical under DR 7-104(A)(1) for Wright’s attorneys to meet with Group Health Hospital employees not party to the case who lacked the power to speak for the corporation as there existed no risk of prejudicing Group Health Hospital’s interests through unethical influence by Wright’s attorneys. Thus, the Court concluded that it was improper for Group Health Hospital to advise its employees not to speak with Wright’s attorneys as Wright’s right to interview Group Health Hospital’s employees would otherwise be undermined.

Docket No. 50801-1

Petitioner: Nancy Wright

(Counsel: Paul N. Luvera, Jr., and John G. Kamb, Jr.)

Respondent: Group Health Hospital

(Counsel: John A. Rosendahl)

Decided: Thursday, December 6th, 1984

Vote: 8-0

Opinion: 103 Wn.2d 192 (1984)

Court: Williams3 Court (1984)

Williams

Utter

Brachtenbach

Dolliver

Dore

Pearson

Andersen

Dimmick
(Pro Tem)