Advisory Opinion: 1093

Year Issued: 1987

RPC(s): RPC 1.6

Subject: Lawyer intends to distribute computer program for preparation of legal documents


While the Committee was unable to render a general opinion regarding your plans for a computer program because of limited information available to the Committee, there were some matters which the Committee did want to call to your attention. The Committee understands that it is your intention, eventually, to have your computer program available to lawyers to extract forms for their use. The Committee was of the opinion that the assumptions and programming restrictions material to document use and limitations should be provided in each instance to the user attorney. While this may relate more to your efforts to minimize your malpractice exposure, the lawyer/user must be advised that his/her responsibilities under the Rules of Professional Conduct are not shifted to you.

The Committee also had a concern regarding confidentiality under RPC 1.6. The Committee was concerned that the computer system availability may have the possibility of access to confidential information by third parties.

The Committee suggested that if you have specific questions, you should submit them to the Committee if you wish their opinion.

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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.