Advisory Opinion: 1266

Year Issued: 1989

RPC(s): RPC 1.5(e); 1.6(a)

Subject: Client confidence or secret; audit of former partner's files following dissolution of firm

The Committee reviewed your inquiry regarding an audit of your former partner's files in which you have a continuing financial interest. The Committee was of the opinion that before you can audit any files you need to determine whether an attorney/client relationship now exists between you and the client. If it does, you may have access to the file. However, if you do not have a continuing attorney/client relationship, then you may not review the file without complying with requirements of RPC 1.6(a).

Also, after reviewing the arbitration decision, the Committee wanted to call your attention to RPC 1.5(e) regarding the division of fees between lawyers who are not in the same law firm.

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.