Opinion 1324

The Committee reviewed your inquiry concerning a client who obtained financial statements in violation of a restraining order, and delivered them to you. First, the Committee was of the opinion that you may not disclose the circumstances under which you came into possession of the documents which your client obtained contrary to a court order, without the consent of your client pursuant to RPC 1.6. Second, if your client consented pursuant to RPC 1.6, you could use the information obtained in the documents after advising the client of the implications of using that information.
Third, the Committee was of the opinion that RPC 3.4(a) requires that you advise your client that the documents must be returned, but if your client would not consent to returning the documents, you must withdraw, return the documents to your client and advise her of the implications of failing to return them. Fourth, the Committee was of the opinion that attention must be paid to your discovery obligations if proper discovery is requested. In the opinion of the Committee, if proper discovery requests were made and your client would not consent to your disclosing the information, your obligation would be to withdraw from further representation of your 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.