WSBA 1986

Can a lawyer hire a legal secretary who came from an opposing firm and knows the confidences of clients adverse to the lawyer's own clients?

Short answer: No. The committee concluded that under RPC 5.3 it would be improper to employ a secretary who has actual knowledge of the confidences and secrets of clients adverse to the hiring lawyer's current clients.

Apply this to your situation

This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry came from a lawyer who had hired a legal secretary formerly employed by a law firm that represented parties adverse to the hiring lawyer's current clients. The secretary had actual knowledge of the confidences and secrets of those adverse clients.

The committee was of the opinion that, on those facts, RPC 5.3 would make it improper for the lawyer to employ the secretary. The committee tied the conclusion to the secretary's actual knowledge of the adverse clients' confidences and secrets.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer hire a secretary who worked for the opposing firm?

A: Under this 1986 opinion, not where the secretary has actual knowledge of the confidences and secrets of clients adverse to the hiring lawyer's current clients; the committee concluded RPC 5.3 made that employment improper.

Q: What fact did the committee rely on?

A: The secretary's actual knowledge of the confidences and secrets of the adverse clients. The opinion is framed around that knowledge rather than the mere fact of prior employment.

Q: Which rule applied to the nonlawyer staff member?

A: RPC 5.3, which addresses a lawyer's responsibilities regarding nonlawyer assistants.

Background and rules framework

RPC 5.3 (Washington's version of ABA Model Rule 5.3) governs a lawyer's responsibilities regarding nonlawyer assistants, including the duty to ensure their conduct is compatible with the lawyer's own professional obligations such as protecting client confidences. The committee applied RPC 5.3 to a secretary who carried adverse clients' confidences into the hiring lawyer's office.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 5.3 (responsibilities regarding nonlawyer assistants)
Washington RPC 5.3

Source

Landing page: https://ao.wsba.org/print.aspx?ID=123

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Committee was of the opinion that where you have hired a legal secretary who was formerly employed by a law firm which represents parties adverse to current clients of yours, and she has actual knowledge of confidences and secrets of those adverse clients, RPC 5.3 would make it improper for you to employ her as your secretary.

Get today's answer for your situation

You just read a 1986 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.