Advisory Opinion: 1318

Year Issued: 1989

RPC(s): RPC 1.6(a); 1.8(b); 2.3

Subject: Client confidence or secret; disclosure of delinquent client accounts to credit reporting bureau

The Committee reviewed your inquiry concerning whether your law firm could disclose delinquent client accounts to a regional credit reporting bureau. The Committee was of the opinion that such information would constitute a confidence or secret of your client which could not disclosed except in compliance with RPC 1.6(a). Further, the Committee was of the opinion that the disclosure of such information would constitute a violation of RPC 1.8(b) which prohibits a lawyer who is representing a client in a matter from using information relating to representation of the client to the disadvantage of the client unless the client consents in writing after consultation. In addition, the Committee was of the opinion that RPC 2.3 would also apply and that it would constitute an evaluation of a matter affecting your client for the use of someone other than the client, and thus would require that, among other things, the client consent after consultation.

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.