Advisory Opinion: 1285

Year Issued: 1989

RPC(s): RPC 1.6

Subject: Client secret or confidence; disclosure following dispute between two clients formerly jointly represented

The Committee reviewed your inquiry concerning disclosure of client confidences in a dispute between a mother and daughter. The Committee understood the facts to be that you had formerly represented the daughter in a marriage dissolution and that you had represented the mother and daughter in forming a corporation. Now the mother and daughter are in litigation over the corporation. When the corporation was formed, the mother and daughter had an agreement that the daughter's ownership interests in the corporation would not be openly disclosed in order to protect it from the former spouse. You drew up the employment agreement between the mother and daughter. Now the mother objects to you disclosing any information because of prior representation of her. Based upon these facts, the Committee was of the opinion that you could not disclose such information without a court order, as required by RPC 1.6.

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.