Advisory Opinion: 905

Year Issued: 1985

RPC(s):

Subject: Client confidence or secret; legal services contract requiring disclosure of information about individual cases

The question concerned a proposed contract for legal services that required disclosure of information from which the identity of specific clients and the amount of time spent on their cases could be determined. The proposed contract language requiring disclosure of information about individual current cases presents a potential conflict in all cases and is improper. A lawyer may not disclose confidences or secrets of a client which the lawyer reasonable believes could be used to the detriment of a client. In some circumstances, the fact of representation, subject matter of representation, and time spent on an individual client's case may be a secret and could not be revealed without violating the Disciplinary Rules of the Code of Professional Responsibility.

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.