Can a lawyer give a third party a copy of an expert's deposition transcript that contains the client's confidences?

Plain-English summary

The inquiry concerned obtaining expert deposition transcripts, and whether a lawyer may provide such a transcript to a third party when the transcript contains a client confidence or secret.

The committee concluded that a lawyer may not, without the client's consent, provide a copy of a deposition transcript to a third party not involved in the matter in which the lawyer represents the client, if the deposition contains secrets or confidences of the lawyer's client.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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. Washington's RPC 1.6 corresponds to ABA Model Rule 1.6 (confidentiality of information); the opinion's "secrets or confidences" framing reflects the pre-2006 Washington rule.

Common questions

Q: Can a lawyer share an expert's deposition transcript with someone outside the case?

A: Not without the client's consent, the committee concluded, if the transcript contains the client's secrets or confidences.

Q: Does it matter that the third party is not involved in the matter?

A: Yes. The committee's conclusion turned on the recipient being a third party not involved in the matter and the transcript containing the client's confidences or secrets.

Background and rules framework

The opinion applied Washington RPC 1.6 (protection of a client's confidences and secrets), corresponding to ABA Model Rule 1.6. The committee treated a deposition transcript containing the client's secrets or confidences as protected information that may not be given to an uninvolved third party without the client's consent.

Citations and references

Rules of Professional Conduct:

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

See also

• WA Ethics Op. 1813: Redacting a Client's Secret
• WA Ethics Op. 1822: Caller ID and Confidentiality
• WA Ethics Op. 1835: Caller Who Wants to Sue Your Client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1027

Original opinion text

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

Advisory Opinion: 1834
Year Issued: 1998
RPC(s): RPC 1.6
Subject: Client confidence or secret; providing expert deposition transcript to third party if transcript contains client confidence or secret

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry concerning obtaining expert deposition transcripts.

The Committee has reviewed your inquiry and determined the following:

A lawyer may not, without the client's consent, provide a copy of a deposition transcript to a third party not involved in the matter in which the lawyer represents the clients, if the deposition contains secrets or confidences of the lawyer's client.