Can a legal-services agency let federal auditors review files that contain client confidences without client consent?

Plain-English summary

The inquiry concerned disclosure of client confidences by the inquirer's agency to its federal administrators during an audit. The committee was of the opinion that Formal Opinion 183 and RPC 1.6 prohibit the office from disclosing client confidences or secrets without client consent.

Currency note

This opinion was issued in 1990, before the Washington State Bar Association's adoption of 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 Treat this page as historical context, not current guidance.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 federal auditors review legal files containing client confidences?

A: Under this 1990 opinion, not without client consent; the committee was of the opinion that RPC 1.6 and Formal Opinion 183 prohibit disclosing client confidences or secrets to federal administrators during an audit absent consent.

Q: Does an audit obligation override the duty of confidentiality?

A: The committee did not treat the audit as overriding RPC 1.6; it framed client consent as the condition for any such disclosure.

Background and rules framework

At the time of this opinion, Washington's RPC 1.6 governed confidentiality of client information, the subject the Model Rules place in Rule 1.6. The committee applied it, together with its prior Formal Opinion 183, to bar disclosure of client confidences or secrets to federal administrators during an audit without the client's consent.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality of information)
• Washington RPC 1.6

Other opinions cited:

• WSBA Formal Opinion 183 (disclosure of client confidences)

See also

• WA Ethics Op. 1380: Husband's Consult, Wife's Divorce
• WA Ethics Op. 1359: Disclosing Police Reports to a Criminal Defendant

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=462

Original opinion text

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

The Committee reviewed your inquiry concerning disclosure of client confidences by your agency to your federal administrators during an audit. The Committee was of the opinion that Formal Opinion #183 and RPC 1.6 prohibit your office from disclosing client confidences or secrets without client consent.