WSBA 1989

May a lawyer disclose client confidences to a non-lawyer supervisor, and may that supervisor direct the lawyer's professional judgment?

Short answer: The committee was of the opinion that RPC 1.6 prohibits the lawyer from disclosing client confidences or secrets to a non-lawyer supervisor, and that RPC 5.4(c) prohibits the supervisor from directing or regulating the lawyer's professional judgment in rendering legal services to clients.

Apply this to your situation

This page answers the general question as of 1989. 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 Not binding precedent.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

A lawyer asked about disclosing client confidences to a non-lawyer supervisor. The committee was of the opinion that RPC 1.6 would prohibit the lawyer from disclosing client confidences or secrets to the supervisor. The committee was similarly of the opinion that RPC 5.4(c) would prohibit the supervisor from directing or regulating the lawyer's professional judgment in rendering legal services to clients.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of 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 Treat this page as historical context, not current guidance.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 share client confidences with a non-lawyer boss?

A: Under this 1989 opinion, no. The committee concluded RPC 1.6 prohibits disclosing client confidences or secrets to a non-lawyer supervisor.

Q: Can the non-lawyer supervisor direct the lawyer's legal work?

A: No. The committee concluded RPC 5.4(c) prohibits the supervisor from directing or regulating the lawyer's professional judgment in rendering legal services to clients.

Q: Which rules apply?

A: RPC 1.6 (confidentiality) and RPC 5.4(c) (independence of professional judgment where a third party recommends, employs, or pays the lawyer).

Background and rules framework

RPC 1.6, Washington's version of ABA Model Rule 1.6, protects client confidences and secrets from disclosure. RPC 5.4(c), corresponding to ABA Model Rule 5.4(c), provides that a lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering those services. The committee applied both rules to the relationship between the lawyer and a non-lawyer supervisor.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.6 (confidentiality of information)
ABA Model Rule 5.4(c) (professional independence of a lawyer)
Washington RPC 1.6; RPC 5.4(c)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=361

Original opinion text

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

The Committee reviewed your inquiry concerning disclosure of client confidences to your non-lawyer supervisor. The Committee was of the opinion that RPC 1.6 would prohibit you from disclosing client confidences or secrets to your supervisor. Similarly, the Committee was of the opinion that RPC 5.4(c) would prohibit your supervisor from directing or regulating your professional judgment in rendering legal services to your clients.

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