Washington State Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Washington State Bar Association, with full citations and source links on every page.
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If a lawyer is an unsecured creditor of a former client and knows of assets the client hid in bankruptcy, can the lawyer disclose them?
The committee concluded that assets a lawyer learned of during a representation and knows the former client did not disclose in bankruptcy are confidences or secrets, so RPC 1.6 and 3.3(a)(2) preclude…
When a firm hired by an insurer to defend its insured under a reservation of rights also represents the insurer, what can it reveal to the insured about that relationship?
The committee concluded the firm must disclose to the insured any facts about its representation of the insurer that could cause a conflict, but it could make only a general disclosure of that represe…
If a bankruptcy client hides an inheritance and refuses to disclose it, must the lawyer reveal it to the court?
The committee concluded that RPC 1.6 makes the inheritance a client confidence, so under RPC 3.3(a)(2) the lawyer could not disclose it to the court where RPC 1.6 prohibits disclosure; but if the clie…
Can a lawyer contact the former spouse of an opposing party for information when the marital privilege may cover their communications?
The committee concluded that because RCW 5.60.060 makes confidential spousal communications privileged even after a divorce, a lawyer's ethical obligations in contacting the former spouse are the same…
If a client is collecting workers' compensation and disability benefits that would be reduced if disclosed, must the lawyer reveal it to the agency?
The committee said the lawyer must first direct the client to disclose the benefits to the workers' compensation agency; under the old Code the lawyer had to reveal the fraud if the client refused, wh…
Can a legal services funding contract require a lawyer to report information that reveals individual clients' identities and the time spent on their cases?
The committee concluded that a legal services contract requiring disclosure of information from which specific clients' identities and the time spent on their cases could be determined is improper and…
Can a legal services office tell anyone whether a person qualifies for free legal help without that person's consent?
The committee concluded that revealing information about a client's eligibility for representation would violate DR 4-101's duty to protect client confidences and secrets, and that such information ca…
If two lawyers who are not in the same firm share office space, what must each do to keep the other from learning client confidences and secrets?
The committee found the inquiring lawyer's described office-sharing procedures adequate, and reminded the lawyer to guard against the office-mate overhearing client confidences and secrets and that th…
Does a lawyer's duty of confidentiality under RPC 1.6 continue after the client dies?
The committee concluded that the RPC 1.6 confidentiality obligation continues after the client's death. After death, the lawyer may disclose protected information only with the client's prior informed…
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Legal ethics opinions from the Washington State Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.