Advisory Opinion: 1526

Year Issued: 1993

RPC(s): RPC 1.6

Subject: Inadvertent disclosure by opposing counsel; duty to inform court of opposing counsel's violation of court order

[The inquiring lawyer's opposing counsel left behind a note pad after a deposition. The note pad indicated a violation of a court order prohibiting disclosure of discovery.] The Committee was of the unanimous opinion that you should first make sure that disclosure of the note pad information would not prejudice your client in violation or RPC 1.6. Assuming no violation of RPC 1.6, it was the sense of the Committee that as an office of the court you have a duty to bring the information about apparent violations of the court's order to the court's attention.

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.