WSBA 1992

Can a lawyer join a credit bureau that requires reporting clients' unpaid fees?

Short answer: The committee concluded that joining the credit bureau would not be directly related to collecting the fee, so RPC 1.6 prohibits disclosing the client information the membership would require.

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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.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer asked about membership in a credit bureau that would require reporting information regarding unpaid client fees. The committee was of the opinion that joining the credit bureau would not be directly related to collecting the fee, and that RPC 1.6 would prohibit the lawyer from disclosing such information.

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 Treat this page as historical context, not current guidance.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 report a client's unpaid fees to a credit bureau?

A: The committee was of the opinion that RPC 1.6 prohibits disclosing such information, because joining the credit bureau would not be directly related to collecting the fee.

Q: How does this differ from disclosing information to collect a fee?

A: The committee distinguished the credit-bureau reporting as not directly related to collecting the fee, unlike disclosure reasonably necessary to establish or collect a claim, which the confidentiality exception allows.

Background and rules framework

The opinion applied RPC 1.6 (confidentiality of information), corresponding to ABA Model Rule 1.6. The committee read the confidentiality exception narrowly: because credit-bureau membership and the reporting it required were not directly related to collecting the particular fee, the disclosure fell outside the exception and was prohibited.

Citations and references

Rules of Professional Conduct:

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

Source

Landing page: https://ao.wsba.org/print.aspx?ID=570

Original opinion text

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

Advisory Opinion: 1490
Year Issued: 1992
RPC(s): RPC 1.6
Subject: Client confidence or secret; disclosure of information regarding unpaid fees to credit bureau

The Committee reviewed your inquiry concerning membership in a credit bureau which would require you to report information regarding unpaid client fees. The Committee was of the opinion that joining the credit bureau would not be directly related to collecting the fee and that RPC 1.6 would prohibit you from disclosing such information.

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