Can a lawyer give client information to another lawyer hired to collect a delinquent fee?
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This page answers the general question as of 1992. 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
A lawyer asked about disclosing client information to a lawyer hired to collect a delinquent fee. The committee was of the opinion that RPC 1.6 would permit disclosure of such information if the lawyer reasonably believes it necessary to establish or collect a claim against the client.
Currency note
This opinion was issued in 1992, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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 a lawyer share client information with a collection lawyer to recover an unpaid fee?
A: The committee was of the opinion that RPC 1.6 permits disclosure if the lawyer reasonably believes it necessary to establish or collect a claim against the client.
Q: What is the limit on that disclosure?
A: The disclosure is tied to the lawyer's reasonable belief that it is necessary to establish or collect the claim against the client; the committee did not authorize disclosure beyond that purpose.
Background and rules framework
The opinion applied RPC 1.6 (confidentiality of information), corresponding to ABA Model Rule 1.6, and specifically the exception allowing a lawyer to reveal client information to establish or collect a fee. The committee treated disclosure to a collection lawyer as within that exception so long as the lawyer reasonably believes it necessary to the claim against the client.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.6 (confidentiality; exception to establish or collect a fee); Washington RPC 1.6
See also
- WA Ethics Op. 1490: Reporting Unpaid Fees to a Credit Bureau
- ABA Formal Op. 496: Responding to Online Criticism
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=569
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1489
Year Issued: 1992
RPC(s): RPC 1.6
Subject: Client secret or confidence; disclosure of client information in fee collection
The Committee reviewed your inquiry concerning disclosure of client information to a lawyer employed by you to collect a delinquent fee. The Committee was of the opinion that RPC 1.6 would permit disclosure of such information if the lawyer reasonably believes it necessary to establish or collect a claim against the client.
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