Can a lawyer disclose a client's telephone number without the client's permission?

Plain-English summary

The inquirer asked whether RPC 1.6 prohibits a lawyer from disclosing the telephone numbers of clients without the clients' permission. The committee answered yes: RPC 1.6 prohibits the voluntary disclosure of any information obtained during the course of the representation without the consent of the client. The committee said the rule's exceptions, in RPC 1.6(b) and (c), do not apply given the limited facts stated in the inquiry.

Currency note

This opinion was issued in 2003, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct, which substantially revised RPC 1.6, including the structure of its disclosure exceptions. 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 Treat this page as historical context, not current guidance.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.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee treated a client's telephone number as information obtained during the representation, so RPC 1.6 barred voluntary disclosure without the client's consent. Per the opinion, the exceptions in RPC 1.6(b) and (c) did not apply on the limited facts presented.

Common questions

Q: Does the confidentiality rule cover a client's telephone number?

A: Yes. The committee said RPC 1.6 prohibits the voluntary disclosure of any information obtained during the course of the representation without the client's consent, which includes a client's telephone number.

Q: Did any exception let the lawyer disclose it anyway?

A: No. The committee said the exceptions in RPC 1.6(b) and (c) do not apply given the limited facts stated in the inquiry.

Background and rules framework

The opinion interprets RPC 1.6 (corresponding to Model Rule 1.6), Washington's confidentiality rule, which protects information relating to the representation of a client and permits disclosure only with the client's consent or under a stated exception. The committee read the protection to cover client telephone numbers as information obtained during the representation, and found the exceptions then codified in RPC 1.6(b) and (c) inapplicable. Rule numbers reflect Washington's pre-2006 numbering.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.6 / Washington RPC 1.6 (confidentiality of information; disclosure only with consent or under an exception)

See also

• WSBA Ethics Op. 1036: Client Names for Bank Financing
• WSBA Ethics Op. 1249: Client Address and Phone to the IRS
• WSBA Ethics Op. 1281: Confidences and a Nonlawyer Boss

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1258

Original opinion text

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

Advisory Opinion: 2017
Year Issued: 2003
RPC(s): RPC 1.6
Subject: disclosure of client information

The inquirer asks if RPC 1.6 prohibits a lawyer from disclosing the telephone numbers of clients without having their permission.

Yes, RPC 1.6 prohibits the voluntary disclosure of any information obtained during the course of representation without the consent of the client. The exception to this rule, RPC 1.6(b) and (c), do not apply given the limited facts stated in the inquiry.