Can a law firm hire an outside recycling service to dispose of paper documents that contain confidential client information?

Plain-English summary

A law firm wants to contract with a recycling service to dispose of legal documents and other office paper that may contain information relating to the representation of clients. The opinion asks whether the firm may do so, and answers yes.

The opinion starts from Oregon RPC 1.6, which bars a lawyer from revealing information relating to the representation of a client except in limited circumstances, and Oregon RPC 1.6(c), which requires reasonable efforts to prevent inadvertent or unauthorized disclosure of, or access to, that information. It observes that modern practice requires disposing of a great deal of paper, some of it protected by Oregon RPC 1.6.

The opinion also applies Oregon RPC 5.3, which addresses a lawyer's responsibility for nonlawyers the lawyer employs or retains, requiring reasonable efforts to ensure the nonlawyer's conduct is compatible with the lawyer's professional obligations. It concludes that as long as the firm makes reasonable efforts to ensure the recycling company's conduct is compatible with the firm's obligation to protect client information, the contract is permissible. Reasonable efforts include, at least, instructing the recycling company about the firm's duties under Oregon RPC 1.6 and obtaining its agreement to treat all materials appropriately, citing OSB Formal Ethics Op. Nos. 2005-129 and 2005-44.

In practice

The opinion holds that outsourcing document disposal to a recycling service is permissible when the firm takes reasonable steps to bind the service to the firm's confidentiality obligations. Per the opinion, the analysis turns on Oregon RPC 1.6(c)'s "reasonable efforts" standard and Oregon RPC 5.3's supervision duty, which the opinion says are met at least by instructing the company about the Oregon RPC 1.6 duty and obtaining its agreement to handle the materials appropriately. Verify the current text of Oregon RPC 1.6 and 5.3 before relying on any specific point.

Common questions

Q: Can a law firm use an outside recycling company for documents with client information?

A: Yes. The opinion concludes the contract is permissible if the firm makes reasonable efforts to ensure the recycling company's conduct is compatible with the firm's duty to protect client information.

Q: What counts as reasonable efforts?

A: The opinion states that reasonable efforts include, at least, instructing the recycling company about the firm's duties under Oregon RPC 1.6 and obtaining its agreement to treat all materials appropriately.

Q: Which rules govern using an outside service for this?

A: Oregon RPC 1.6 and 1.6(c) (confidentiality and the duty to prevent unauthorized access) and Oregon RPC 5.3 (responsibility for the conduct of retained nonlawyers).

Background and rules framework

The opinion interprets Oregon RPC 1.6 (confidentiality), including the 1.6(c) duty to make reasonable efforts against inadvertent or unauthorized disclosure, corresponding to Model Rule 1.6, together with Oregon RPC 5.3 (responsibilities regarding nonlawyer assistance), corresponding to Model Rule 5.3.

Citations and references

Rules of Professional Conduct:

• Oregon RPC 1.6 / Model Rule 1.6 (confidentiality; reasonable efforts under 1.6(c))
• Oregon RPC 5.3 / Model Rule 5.3 (responsibilities regarding retained nonlawyers)

Other opinions cited:

• OSB Formal Ethics Op. No. 2005-129 (rev 2026)
• OSB Formal Ethics Op. No. 2005-44 (rev 2026)

See also

• OSB Ethics Op. 2005-129: Death or Disability of a Sole Practitioner
• OSB Ethics Op. 2005-44: Shared Nonlawyer Between Adverse Firms
• OSB Ethics Op. 2005-96: Notarial Journals and Client Confidentiality

Source

• Landing page: https://www.osbar.org/ethics/toc.html
• Original PDF: https://www.osbar.org/_docs/ethics/2005-141.pdf