Advisory Opinion: 1770

Year Issued: 1997

RPC(s): RPC 1.6; 1.7; 8.4

Subject: Lawyer signing confidentiality agreement as part of client's settlement

[The inquiry concerns] the ethical propriety of a lawyer signing an agreement which contains a provision prohibiting disclosure of the terms, conditions or existence of a settlement agreement between the lawyer's client and a third party. It is the Committee's opinion that, consistent with prior informal opinions of the RPC Committee, the proposed confidentiality agreement does not constitute a contemporaneous violation of RPC 1.6, 1.7 or 8.4. Regarding the ethical propriety of a lawyer proposing such an agreement, the committee cannot comment on another's lawyer's conduct.

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.