Can a legal services office tell anyone whether a person qualifies for free legal help without that person's consent?
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This page answers the general question as of 1985. 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
The committee was asked whether a legal services office could reveal information about a client's eligibility for representation. It concluded that disclosing any of that information would violate DR 4-101, which requires a lawyer to maintain the confidences and secrets of a client.
Because eligibility information is a client confidence or secret, the committee said it cannot be revealed to third parties without the consent of the client.
Currency note
This opinion was issued under Washington's former Code of Professional Responsibility, which the Rules of Professional Conduct later replaced. It was issued in 1985, before 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 Treat this page as historical context, not current guidance.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: Can a legal services office disclose whether someone qualifies for representation?
A: Not without the client's consent. The committee concluded that revealing eligibility information would violate DR 4-101's duty to protect client confidences and secrets.
Q: Is a client's eligibility information treated as confidential?
A: Yes. The committee treated eligibility information as a client confidence or secret, which DR 4-101 required the lawyer to maintain.
Q: Could the office share the information with a third party if the client agreed?
A: The committee stated that such information cannot be revealed to third parties without the consent of the client, which leaves disclosure with the client's consent as the path the opinion contemplated.
Background and rules framework
The opinion applies DR 4-101 of the Washington Code of Professional Responsibility then in force, which required a lawyer to maintain a client's confidences and secrets. The same confidentiality duty is now addressed by Washington RPC 1.6 and Model Rule 1.6.
Citations and references
Rules of Professional Conduct:
- DR 4-101 (former Washington Code of Professional Responsibility): duty to maintain client confidences and secrets (now addressed by RPC 1.6 / Model Rule 1.6).
See also
- WSBA Ethics Op. 835: office sharing and protection of client confidences
- WSBA Ethics Op. 1011: confidentiality and a client who threatens suicide
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=5
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 843
Year Issued: 1985
RPC(s): DR 4-101
Subject: Client confidence or secret; client eligibility for representation
The Committee was of the opinion that for a legal services office to reveal any of the information regarding eligibility of a client for representation would violate DR 4-101 which requires that a lawyer maintain confidences and secrets of his client, and that such information can not be revealed to third parties without the consent of the client.
[Editor's Note: The Code of Professional Responsibility was superseded by the Rules of Professional Conduct after this opinion was issued.]
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