Can a staff attorney share client confidences with the nonlawyer executive director of the agency that employs her?

Plain-English summary

A lawyer asked about a staff attorney's disclosure of confidences or secrets to the nonlawyer executive director of the agency that employed her.

The committee was of the opinion that, unless the client had consented, sharing confidences or secrets with a nonattorney executive director would violate RPC 1.6, and any lawyer involved in such disclosures would potentially be subject to discipline.

Currency note

This opinion was issued in 1993, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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 staff attorney tell a nonlawyer executive director about client confidences?

A: The committee said that, absent client consent, sharing confidences or secrets with the nonlawyer executive director would violate RPC 1.6.

Q: What is the consequence of such a disclosure?

A: The committee said any lawyer involved in such disclosures would potentially be subject to discipline.

Background and rules framework

The opinion applied RPC 1.6 (corresponding to ABA Model Rule 1.6), the confidentiality rule. The committee treated the nonlawyer executive director as outside the circle entitled to the client's confidences, so disclosure without client consent breached RPC 1.6 regardless of the agency's internal reporting structure.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality of information); Washington RPC 1.6

See also

• WA Ethics Op. 1526: Found Notes Showing a Court-Order Violation
• WA Ethics Op. 1528: Sharing Offices With an Ancillary Business

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=611

Original opinion text

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

Advisory Opinion: 1530
Year Issued: 1993
RPC(s): RPC 1.6
Subject: Client confidence of secret; disclosure to nonlawyer supervisor

The Committee reviewed your inquiry regarding disclosure of confidences or secrets by a staff attorney to a non-lawyer executive director of the agency by which she is employed. The Committee was of the opinion that unless the client had consented, sharing confidences or secrets with a non-attorney executive director would violate RPC 1.6, and any lawyer involved in such disclosures would potentially be subject to discipline.