Advisory Opinion: 1298

Year Issued: 1989

RPC(s): RPC 1.6; 1.6 (b)(2)

Subject: Client confidentiality in bankruptcy

The Committee was of the opinion that if your law firm continued to be the attorneys of record for this client in the bankruptcy proceeding, then you would have an obligation to disclose the earlier failure to disclose the existence of a trust account. However, the Committee was of the opinion that if you do not continue to represent that client, then RPC 1.6 would require that the client consent to such disclosure, unless an action were brought by the U.S. Attorney or a creditor against you in which case you could disclose the facts pursuant to RPC 1.6 (b)(2). The Committee was also of the opinion that you could disclose the facts to the client's new lawyer because such disclosure is implied to be authorized for the protection of the 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.