WSBA 1998

Can a lawyer give the Department of Corrections the names of inmates the lawyer has contacted?

Short answer: The committee concluded that providing the names of contacted inmates to the Department of Corrections is prohibited by RPC 1.6, absent the express consent of the client or a court order compelling disclosure.

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This page answers the general question as of 1998. 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 Not binding precedent.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

The inquiry concerned a request from the Department of Corrections for a lawyer to disclose the names of inmates the lawyer had contacted. The committee determined that providing the requested information to the Department of Corrections is prohibited by RPC 1.6, absent the express consent of the client or a court order compelling such disclosure.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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. Washington's cited rule corresponds to ABA Model Rule 1.6 (confidentiality of information).

Common questions

Q: Can a lawyer tell the Department of Corrections which inmates the lawyer contacted?

A: The committee concluded that doing so is prohibited by RPC 1.6, absent the client's express consent or a court order compelling disclosure.

Q: What would allow the lawyer to disclose the names?

A: The committee identified two exceptions: the express consent of the client, or a court order compelling disclosure.

Background and rules framework

The opinion applied RPC 1.6 (confidentiality of information), corresponding to ABA Model Rule 1.6. The committee treated the names of inmates the lawyer had contacted as protected information, disclosable to the Department of Corrections only with the client's express consent or under a compelling court order.

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=997

Original opinion text

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

Advisory Opinion: 1804
Year Issued: 1998
RPC(s): RPC 1.6
Subject: Client secret or confidence; request from Dept. of Corrections for names of inmates contacted by lawyer

The Committee researched and reviewed your inquiry concerning a request from the Department of Corrections for lawyer to disclose names of inmates contacted by the lawyer and determined the following:

Providing the requested information to the Department of Corrections is prohibited by RPC 1.6, absent the express consent of the client or a court order compelling such disclosure.

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