If a lawyer is mistakenly given an opinion letter that opposing counsel wrote to his own client, can the lawyer disclose it?
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This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer asked about the obligation to disclose an opinion letter that adverse counsel had drafted for his own client, which was inadvertently given to the inquiring lawyer by that counsel. The committee was of the opinion that if the disclosure would be beneficial to the inquiring lawyer's client, the lawyer may disclose it.
Currency note
The Washington State Bar Association marks this opinion ARCHIVED, cautioning that archived advisory opinions are early ethics opinions that may be ambiguous, incomplete, redundant, refer to incorrect rule numbers, or are otherwise inconsistent with the current rules or law. This opinion was issued in 1993, before the 2006 revisions to the Washington Rules of Professional Conduct, and before Washington adopted an inadvertent-disclosure rule (RPC 4.4(b)) addressing a lawyer's duties on receiving documents sent by mistake. Treat this page as historical context, not current guidance.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: Could the lawyer disclose the opposing counsel's letter received by mistake?
A: The committee said that if disclosure would be beneficial to the lawyer's own client, the lawyer may disclose it.
Q: What is the status of this opinion?
A: The WSBA marks it ARCHIVED, cautioning that archived advisory opinions may be ambiguous, incomplete, or otherwise inconsistent with the current rules or law.
Background and rules framework
The opinion records an early committee view on a lawyer's handling of material received by inadvertent disclosure, before Washington adopted a specific rule on the subject. The archived entry cites no rule number; the WSBA's archived-opinion disclaimer flags that such early opinions may be inconsistent with current rules.
Citations and references
Rules of Professional Conduct:
- The archived opinion cites no specific rule of professional conduct.
See also
- WA Ethics Op. 1526: Found Notes Showing a Court-Order Violation
- WA Ethics Op. 1495: Duty to Turn Over Evidence From a Client
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=625
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1544A
Year Issued: 1993
RPC(s):
Subject: ARCHIVED - Inadvertent disclosure; lawyer received by mistake letter from opposing counsel to opposing party
ARCHIVED - Disclaimer: Archived advisory opinions are early ethics opinions that may be ambiguous, incomplete, redundant, refer to incorrect rule numbers, or are otherwise inconsistent with the current rules or law.
The Committee reviewed your inquiry concerning your obligation to disclose an opinion letter drafted by an adverse counsel to his client which was inadvertently given to you by that counsel. The Committee was of the opinion that if the disclosure would be beneficial to your client, you may disclose it.
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