Opinion 1724

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry regarding your obligation to disclose the name of a material witness to opposing counsel. The Committee determined that absent a formal discovery request or court requirement, you have no obligation to give the information to opposing counsel. However, if in the common course of your dealing with opposing counsel, there is a reasonable expectation between counsel that discovery will be freely provided and such information given, then RPC 1.4, 3.6, and 8.4(c) may be applicable.

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.