Can a legal services funding contract require a lawyer to report information that reveals individual clients' identities and the time spent on their cases?

Plain-English summary

The question concerned a proposed contract for legal services that required disclosure of information from which the identity of specific clients and the amount of time spent on their cases could be determined. The committee said that contract language requiring disclosure of information about individual current cases presents a potential conflict in all cases and is improper.

The committee explained that a lawyer may not disclose confidences or secrets of a client that the lawyer reasonably believes could be used to the detriment of a client. In some circumstances, the fact of representation, the subject matter of the representation, and the time spent on an individual client's case may be a secret, and could not be revealed without violating the Disciplinary Rules of the Code of Professional Responsibility.

Currency note

This opinion was issued under Washington's Code of Professional Responsibility era, 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 Treat this page as historical context, not current guidance.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 contract require reporting that reveals which clients a lawyer represented and how long their cases took?

A: The committee said no. Contract language requiring disclosure of information about individual current cases is improper and presents a potential conflict in all cases.

Q: Are a client's identity and the time spent on the case confidential?

A: They can be. The committee said that in some circumstances the fact of representation, the subject matter, and the time spent on a client's case may be a secret that cannot be revealed without violating the Disciplinary Rules.

Q: What limits a lawyer's disclosure of this information?

A: A lawyer may not disclose confidences or secrets of a client that the lawyer reasonably believes could be used to the detriment of the client.

Background and rules framework

The opinion applies the duty to protect client confidences and secrets under the Washington Code of Professional Responsibility then in force. The committee did not cite a specific Disciplinary Rule by number; it referred generally to the Disciplinary Rules of the Code. The confidentiality duty is now addressed by Washington RPC 1.6 and Model Rule 1.6, and the committee also framed the mandatory disclosure as creating a potential conflict of interest in every case.

Citations and references

Rules of Professional Conduct:

• The opinion cites no specific rule by number. It applies the duty to protect client confidences and secrets under the Disciplinary Rules of the Washington Code of Professional Responsibility then in effect (now addressed by RPC 1.6 / Model Rule 1.6).

See also

• WSBA Ethics Op. 843: confidentiality of a client's eligibility for representation
• WSBA Ethics Op. 835: office sharing and protection of client confidences

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=17

Original opinion text

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

Advisory Opinion: 905
Year Issued: 1985
RPC(s):
Subject: Client confidence or secret; legal services contract requiring disclosure of information about individual cases

The question concerned a proposed contract for legal services that required disclosure of information from which the identity of specific clients and the amount of time spent on their cases could be determined. The proposed contract language requiring disclosure of information about individual current cases presents a potential conflict in all cases and is improper. A lawyer may not disclose confidences or secrets of a client which the lawyer reasonable believes could be used to the detriment of a client. In some circumstances, the fact of representation, subject matter of representation, and time spent on an individual client's case may be a secret and could not be revealed without violating the Disciplinary Rules of the Code of Professional Responsibility.