Advisory Opinion: 1316

Year Issued: 1989

RPC(s): RPC 1.6

Subject: Client confidence or secret; lawyer retained by insurance company to represent insured learns from insured that he has been asked to conceal fact indicating lack of insurance


The Committee reviewed your inquiry concerning your obligation, after you have been employed by an insurance company to represent the driver of an automobile, your client advises you that the owner of the vehicle expressly asked him to conceal the fact that the car had been taken without parental permission. You state in your inquiry that if that were true, your client may no longer be an insured under the owner's policy through which you are employed. After considerable discussion, the Committee concluded that the information given to you by your client is a secret as that term is used in RPC 1.6, and that you therefore could not disclose that information, and that you should continue to represent your client.

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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.