ELC 3.4
 RELEASE OR DISCLOSURE OF OTHERWISE CONFIDENTIAL INFORMATION


     (a) Disclosure of Information.  Except as provided in rule
3.2(e), the grievant, respondent lawyer, or any witness may
disclose the existence of proceedings under these rules or
any documents or correspondence the person received.

     (b) Investigative Disclosure.  The Association may disclose
information as necessary to conduct the investigation or to
keep a grievant advised of the status of a matter except as
prohibited by rule 3.3(b), 5.4(b), or 5.1(c)(3), a
protective order under rule 3.2(e), other court order, or
other applicable law.

     (c) Release Based upon Lawyer's Waiver.  Upon a written
waiver by a lawyer, the Association may release the status
of otherwise confidential disciplinary proceedings and
provide copies of nonpublic information to:

  (1) the Washington State Bar Association Committee of
      Law Examiners, the Washington State Bar Association
      Character and Fitness Committee, the National
      Conference of Bar Examiners, or the comparable body in
      other jurisdictions to evaluate the character and
      fitness of an applicant for admission to the practice
      of law in that jurisdiction;

  (2) the Washington State Bar Association Judicial
      Recommendation Committee, or the comparable body in
      other jurisdictions, to evaluate the character and
      fitness of a candidate for judicial office;

  (3) the Governor of the State of Washington, or of any
      other state, or his or her delegate, to evaluate the
      character and fitness of a potential nominee to
      judicial office; and

  (4) any other agency that a lawyer authorizes to
      investigate the lawyer's disciplinary record.

(d) Response to Inquiry or False or Misleading Statement.

  (1) Subject to rule 3.2(e), the President, the Board
      of Governors, the Executive Director, or Chief
      Disciplinary Counsel, or a designee of any of them, may
      release otherwise confidential information:

      (A) to respond to specific inquiries about matters
          that are in the public domain; or

      (B) if necessary to correct a false or misleading
          public statement.

  (2) A respondent must be given notice of a decision to
      release information under this section unless the
      President, the Board of Governors, the Executive
      Director, or the Chief Disciplinary Counsel finds that
      notice would jeopardize serious interests of any person
      or the public or compromise an ongoing investigation.

     (e) Discretionary Release.  The Executive Director or the
Chief Disciplinary Counsel may authorize the general or
limited release of any confidential information obtained
during an investigation when it appears necessary to protect
the interests of clients or other persons, the public, or
the integrity of the disciplinary process.  A respondent
must be given notice of a decision to release information
under this section before its release unless the Executive
Director or the Chief Disciplinary Counsel finds that notice
would jeopardize serious interests of any person or the
public, or that the delay caused by giving the respondent
notice would be detrimental to the integrity of the disciplinary process.

(f) Statement of Concern.

  (1) Authority.  The Chief Disciplinary Counsel has
     discretion to file a statement of concern with the
     Clerk when deemed necessary to protect members of the
     public from a substantial threat, based on information
     from a pending investigation into a lawyer's apparent
     ongoing serious misconduct not otherwise made public by these rules.

  (2) Procedure.

     (A) On or before the date it is filed, a copy of the
         statement of concern must be served under rule 4.1
         on the lawyer about whom the statement of concern
         has been made.  The statement of concern is not
         public information until 14 days after service.

     (B) The lawyer may at any time appeal to the Chair to
         have the statement of concern withdrawn.

     (C) If an appeal to the Chair is filed with the Clerk
         under rule 4.2(a) within 14 days of service of the
         statement of concern, the statement of concern is
         not public information unless the Chair so orders
         and becomes public information upon issuance of the Chair's order.

     (D) The Chair's decision is not subject to further review.

     (E) The Chief Disciplinary Counsel may withdraw a
         statement of concern at any time.

     (g) Release to Judicial Officers.  Any state or federal
judicial officer may be advised of the status of a
confidential disciplinary grievance about a lawyer appearing
before the judicial officer in a representational capacity
and may be provided with requested confidential information
if the grievance is relevant to the lawyer's conduct in a
matter before that judicial officer.  The judicial officer
must maintain the confidentiality of the matter.

     (h) Cooperation with Criminal and Disciplinary Authorities.
Except as provided in rule 3.2(e), information or testimony
may be released to authorities in any jurisdiction
authorized to investigate alleged criminal activity or
judicial or lawyer misconduct.

     (i) Release to Lawyers' Fund for Client Protection.
Information obtained in an investigation and about
applications pending before the Lawyers' Fund for Client
Protection may be released to the Fund.  The Fund must treat
such information as confidential unless this title or the
Executive Director authorizes release.

     (j) Conflicts Review Officer.  Conflicts review officers
have access to any otherwise confidential disciplinary
information necessary to perform their duties.

     (k) Board of Governors Access.  In furtherance of its
supervisory function, and not in derogation of the
foregoing, the Board of Governors has access to all
confidential disciplinary information, but must maintain its confidentiality.

     (l) Release to Practice of Law Board.  Information obtained
in an investigation relating to possible unauthorized
practice of law may be released to the Practice of Law
Board.  Such information shall remain under the control of
the Office of Disciplinary Counsel and the Practice of Law
Board must treat it as confidential unless this title or the
Executive Director authorizes release.


[Adopted effective October 1, 2002; September 1, 2005.]