Advisory Opinion: 1834

Year Issued: 1998

RPC(s): RPC 1.6

Subject: Client confidence or secret; providing expert deposition transcript to third party if transcript contains client confidence or secret

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry concerning obtaining expert deposition transcripts.

The Committee has reviewed your inquiry and determined the following:

A lawyer may not, without the client's consent, provide a copy of a deposition transcript to a third party not involved in the matter in which the lawyer represents the clients, if the deposition contains secrets or confidences of the lawyer's client.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.