Advisory Opinion: 1756

Year Issued: 1997

RPC(s): RPC 1.6

Subject: Client identity as confidence; disclosure of client identity to screen for conflicts when changing employment

[The lawyer's current firm agreed to keep a client's identity confidential. The lawyer received a job offer from another firm, but is unable to satisfy that firm's request for a list of all clients for whom she worked as she cannot reveal the client's identity.] The issue you raise involved the intersection between a lawyer's obligation to keep client information confidential, and a lawyer's ability to change employment. Based upon the facts you presented, it is the RPC Committee's opinion that the client's identity is a secret under RPC 1.6, the revelation of which would put the client at a disadvantage under RPC 1.9. Because a lawyer cannot proceed in any way which would put the client at a disadvantage, under the facts presented, the client's identity cannot be disclosed.

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.