Must a lawyer give a client copies of sealed-file documents the client requests, when a statute allows their release only by court order?

Plain-English summary

The inquiry concerned whether a lawyer can, at a client's request, provide copies of documents relating to sealed files that may be revealed only upon a court order. The committee was of the opinion that if the pertinent statute prohibits the disclosure of these documents, the client would not be entitled to the documents. The committee noted it cannot give a legal opinion on the statute. However, it unanimously agreed that the Rules of Professional Conduct do not require disclosure of what a statute prohibits be disclosed.

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 Treat this page as historical context, not current guidance.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: Does a lawyer have to hand over sealed documents the client asks for?

A: Under this 1989 opinion, not if a statute prohibits their disclosure; in that case the client is not entitled to them, and the Rules of Professional Conduct do not require disclosure.

Q: Did the committee decide what the statute actually requires?

A: No. It said it cannot give a legal opinion, deciding only that the Rules do not require disclosing what a statute prohibits.

Q: What rule frames the duty to provide documents?

A: RPC 1.4, on keeping a client reasonably informed; the committee read it not to compel disclosure barred by statute.

Background and rules framework

RPC 1.4, Washington's version of ABA Model Rule 1.4, requires a lawyer to keep a client reasonably informed and to comply with reasonable requests for information. The committee declined to interpret the underlying sealing statute, but unanimously concluded that the Rules of Professional Conduct do not require a lawyer to disclose documents whose disclosure a statute prohibits.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.4 (communication)
• Washington RPC 1.4

See also

• WA Ethics Op. 1284: Returning a Former Client's Documents
• WA Ethics Op. 1298: Undisclosed Trust Account in Bankruptcy

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=385

Original opinion text

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

The Committee reviewed your inquiry concerning whether a lawyer can, at a client's request, provide copies of documents which relate to sealed files which may be revealed only upon a court order. The Committee was of the opinion that if the pertinent statute prohibits the disclosure of these documents, then the client would not be entitled to the documents. The Committee cannot give a legal opinion. However, they unanimously agreed that the Rules of Professional Conduct do not require disclosure of what a statute prohibits be disclosed.