RULE 1.6
                CONFIDENTIALITY OF INFORMATION


  (a) A lawyer shall not reveal information relating to the representation
of a client unless the client gives informed consent, the disclosure is
impliedly authorized in order to carry out the representation or the
disclosure is permitted by paragraph (b).

  (b) A lawyer to the extent the lawyer reasonably believes necessary:

    (1) shall reveal information relating to the representation of a client
to prevent reasonably certain death or substantial bodily harm;

    (2) may reveal information relating to the representation of a client
to prevent the client from committing a crime;

    (3) may reveal information relating to the representation of a client
to prevent, mitigate or rectify substantial injury to the financial
interests or property of another that is reasonably certain to result or
has resulted from the client's commission of a crime or fraud in
furtherance of which the client has used the lawyer's services;

    (4) may reveal information relating to the representation of a client
to secure legal advice about the lawyer's compliance with these Rules;

    (5) may reveal information relating to the representation of a client
to establish a claim or defense on behalf of the lawyer in a controversy
between the lawyer and the client, to establish a defense to a criminal
charge or civil claim against the lawyer based upon conduct in which the
client was involved, or to respond to allegations in any proceeding
concerning the lawyer's representation of the client;

    (6) may reveal information relating to the representation of a client
to comply with a court order; or

    (7) may reveal information relating to the representation of a client
to inform a tribunal about any breach of fiduciary responsibility when the
client is serving as a court appointed fiduciary such as a guardian,
personal representative, or receiver.


Comment
See also Washington Comment [19].

   [1] [Washington revision] This Rule governs the disclosure by a lawyer
of information relating to the representation of a client. See Rule 1.18
for the lawyer's duties with respect to information provided to the lawyer
by a prospective client, Rule 1.9(c)(2) for the lawyer's duty not to reveal
information relating to the lawyer's prior representation of a former
client and Rules 1.8(b) and 1.9(c)(1) for the lawyer's duties with respect
to the use of such information to the disadvantage of clients and former clients.

   [2] A fundamental principle in the client-lawyer relationship is that,
in the absence of the client's informed consent, the lawyer must not reveal
information relating to the representation. See Rule 1.0(e) for the
definition of informed consent. This contributes to the trust that is the
hallmark of the client-lawyer relationship. The client is thereby
encouraged to seek legal assistance and to communicate fully and frankly
with the lawyer even as to embarrassing or legally damaging subject matter.
The lawyer needs this information to represent the client effectively and,
if necessary, to advise the client to refrain from wrongful conduct. Almost
without exception, clients come to lawyers in order to determine their
rights and what is, in the complex of laws and regulations, deemed to be
legal and correct. Based upon experience, lawyers know that almost all
clients follow the advice given, and the law is upheld.

   [3] The principle of client-lawyer confidentiality is given effect by
related bodies of law: the attorney-client privilege, the work product
doctrine and the rule of confidentiality established in professional
ethics. The attorney-client privilege and work-product doctrine apply in
judicial and other proceedings in which a lawyer may be called as a witness
or otherwise required to produce evidence concerning a client. The rule of
client-lawyer confidentiality applies in situations other than those where
evidence is sought from the lawyer through compulsion of law. The
confidentiality rule, for example, applies not only to matters communicated
in confidence by the client but also to all information relating to the
representation, whatever its source. A lawyer may not disclose such
information except as authorized or required by the Rules of Professional
Conduct or other law. See also Scope.

   [4] Paragraph (a) prohibits a lawyer from revealing information relating
to the representation of a client. This prohibition also applies to
disclosures by a lawyer that do not in themselves reveal protected
information but could reasonably lead to the discovery of such information
by a third person. A lawyer's use of a hypothetical to discuss issues
relating to the representation is permissible so long as there is no
reasonable likelihood that the listener will be able to ascertain the
identity of the client or the situation involved.

Authorized Disclosure

  [5] Except to the extent that the client's instructions or special
circumstances limit that authority, a lawyer is impliedly authorized to
make disclosures about a client when appropriate in carrying out the
representation. In some situations, for example, a lawyer may be impliedly
authorized to admit a fact that cannot properly be disputed or to make a
disclosure that facilitates a satisfactory conclusion to a matter. Lawyers
in a firm may, in the course of the firm's practice, disclose to each other
information relating to a client of the firm, unless the client has
instructed that particular information be confined to specified lawyers.

Disclosure Adverse to Client

  [6] [Washington revision] Although the public interest is usually best
served by a strict rule requiring lawyers to preserve the confidentiality
of information relating to the representation of their clients, the
confidentiality rule is subject to limited exceptions. Paragraph (b)(1)
recognizes the overriding value of life and physical integrity and requires
disclosure reasonably necessary to prevent reasonably certain death or
substantial bodily harm. Such harm is reasonably certain to occur if it
will be suffered imminently or if there is a present and substantial threat
that a person will suffer such harm at a later date if the lawyer fails to
take action necessary to eliminate the threat. Thus, a lawyer who knows
that a client has accidentally discharged toxic waste into a town's water
supply must reveal this information to the authorities if there is a
present and substantial risk that a person who drinks the water will
contract a life-threatening or debilitating disease and the lawyer's
disclosure is necessary to eliminate the threat or reduce the number of victims.

  [7] [Reserved.]

  [8] [Reserved.]

  [9] A lawyer's confidentiality obligations do not preclude a lawyer from
securing confidential legal advice about the lawyer's personal
responsibility to comply with these Rules. In most situations, disclosing
information to secure such advice will be impliedly authorized for the
lawyer to carry out the representation. Even when the disclosure is not
impliedly authorized, paragraph (b)(4) permits such disclosure because of
the importance of a lawyer's compliance with the Rules of Professional Conduct.

  [10] Where a legal claim or disciplinary charge alleges complicity of the
lawyer in a client's conduct or other misconduct of the lawyer involving
representation of the client, the lawyer may respond to the extent the
lawyer reasonably believes necessary to establish a defense. The same is
true with respect to a claim involving the conduct or representation of a
former client. Such a charge can arise in a civil, criminal, disciplinary
or other proceeding and can be based on a wrong allegedly committed by the
lawyer against the client or on a wrong alleged by a third person, for
example, a person claiming to have been defrauded by the lawyer and client
acting together. The lawyer's right to respond arises when an assertion of
such complicity has been made. Paragraph (b)(5) does not require the lawyer
to await the commencement of an action or proceeding that charges such
complicity, so that the defense may be established by responding directly
to a third party who has made such an assertion. The right to defend also
applies, of course, where a proceeding has been commenced.

  [11] A lawyer entitled to a fee is permitted by paragraph (b)(5) to prove
the services rendered in an action to collect it. This aspect of the Rule
expresses the principle that the beneficiary of a fiduciary relationship
may not exploit it to the detriment of the fiduciary.

  [12] [Reserved.]

  [13] [Washington revision] A lawyer may be ordered to reveal information
relating to the representation of a client by a court. Absent informed
consent of the client to do otherwise, the lawyer should assert on behalf
of the client all nonfrivolous claims that the information sought is
protected against disclosure by the attorney-client privilege or other
applicable law. In the event of an adverse ruling, the lawyer must consult
with the client about the possibility of appeal to the extent required by
Rule 1.4. Unless review is sought, however, paragraph (b)(6) permits the
lawyer to comply with the court's order.

  See also Washington Comment [24].

  [14] Paragraph (b) permits disclosure only to the extent the lawyer
reasonably believes the disclosure is necessary to accomplish one of the
purposes specified. Where practicable, the lawyer should first seek to
persuade the client to take suitable action to obviate the need for
disclosure. In any case, a disclosure adverse to the client's interest
should be no greater than the lawyer reasonably believes necessary to
accomplish the purpose. If the disclosure will be made in connection with a
judicial proceeding, the disclosure should be made in a manner that limits
access to the information to the tribunal or other persons having a need to
know it and appropriate protective orders or other arrangements should be
sought by the lawyer to the fullest extent practicable.

  [15] [Washington revision] Paragraphs (b)(2) through (b)(7) permit but do
not require the disclosure of information relating to a client's
representation to accomplish the purposes specified in those paragraphs. In
exercising the discretion conferred by those paragraphs, the lawyer may
consider such factors as the nature of the lawyer's relationship with the
client and with those who might be injured by the client, the lawyer's own
involvement in the transaction and factors that may extenuate the conduct
in question. A lawyer's decision not to disclose as permitted by paragraph
(b) does not violate this Rule. Disclosure may be required, however, by
other Rules. Some Rules require disclosure only if such disclosure would be
permitted by paragraph (b). See Rules 1.2(d), 3.3, 4.1(b), and 8.1. See
also Rule 1.13(c), which permits disclosure in some circumstances whether
or not Rule 1.6 permits the disclosure.

  See also Washington Comment [23].

Acting Competently to Preserve Confidentiality

  [16] A lawyer must act competently to safeguard information relating to
the representation of a client against inadvertent or unauthorized
disclosure by the lawyer or other persons who are participating in the
representation of the client or who are subject to the lawyer's
supervision. See Rules 1.1, 5.1 and 5.3.

  [17] When transmitting a communication that includes information relating
to the representation of a client, the lawyer must take reasonable
precautions to prevent the information from coming into the hands of
unintended recipients. This duty, however, does not require that the lawyer
use special security measures if the method of communication affords a
reasonable expectation of privacy. Special circumstances, however, may
warrant special precautions. Factors to be considered in determining the
reasonableness of the lawyer's expectation of confidentiality include the
sensitivity of the information and the extent to which the privacy of the
communication is protected by law or by a confidentiality agreement. A
client may require the lawyer to implement special security measures not
required by this Rule or may give informed consent to the use of a means of
communication that would otherwise be prohibited by this Rule.

Former Client

   [18] The duty of confidentiality continues after the client-lawyer
relationship has terminated. See Rule 1.9(c)(2). See Rule 1.9(c)(1) for the
prohibition against using such information to the disadvantage of the
former client.

Additional Washington Comments (19 - 26)

  [19] The phrase "information relating to the representation" should be
interpreted broadly. The "information" protected by this Rule includes, but
is not necessarily limited to, confidences and secrets. "Confidence" refers
to information protected by the attorney client privilege under applicable
law, and "secret" refers to other information gained in the professional
relationship that the client has requested be held inviolate or the
disclosure of which would be embarrassing or would be likely to be
detrimental to the client.

Disclosure Adverse to Client

  [20] Washington's Rule 1.6(b)(2), which authorizes disclosure to prevent
a client from committing a crime, is significantly broader than the
corresponding exception in the Model Rule. While the Model Rule permits a
lawyer to reveal information relating to the representation to prevent the
client from "committing a crime . . . that is reasonably certain to result
in substantial injury to the financial interests or property of another and
in furtherance of which the client has used the lawyer's services,"
Washington's Rule permits the lawyer to reveal such information to prevent
the commission of any crime.

  [21] [Reserved.]

  [22] [Reserved.]

  [23] The exceptions to the general rule prohibiting unauthorized
disclosure of information relating to the representation "should not be
carelessly invoked." In re Boelter, 139 Wn.2d 81, 91, 985 P.2d 328 (1999).
A lawyer must make every effort practicable to avoid unnecessary disclosure
of information relating to a representation, to limit disclosure to those
having the need to know it, and to obtain protective orders or make other
arrangements minimizing the risk of avoidable disclosure.

  [24] Washington has not adopted that portion of Model Rule 1.6(b)(6)
permitting a lawyer to reveal information related to the representation to
comply with "other law." Washington's omission of this phrase arises from a
concern that it would authorize the lawyer to decide whether a disclosure
is required by "other law," even though the right to confidentiality and
the right to waive confidentiality belong to the client. The decision to
waive confidentiality should only be made by a fully informed client after
consultation with the client's lawyer or by a court of competent
jurisdiction. Limiting the exception to compliance with a court order
protects the client's interest in maintaining confidentiality while
insuring that any determination about the legal necessity of revealing
confidential information will be made by a court. It is the need for a
judicial resolution of such issues that necessitates the omission of "other
law" from this Rule.

Withdrawal

  [25] After withdrawal the lawyer is required to refrain from disclosing
the client's confidences, except as otherwise permitted by Rules 1.6 or
1.9. A lawyer is not prohibited from giving notice of the fact of
withdrawal by this Rule, Rule 1.8(b), or Rule 1.9(c). If the lawyer's
services will be used by the client in furthering a course of criminal or
fraudulent conduct, the lawyer must withdraw. See Rule 1.16(a)(1). Upon
withdrawal from the representation in such circumstances, the lawyer may
also disaffirm or withdraw any opinion, document, affirmation, or the like.
If the client is an organization, the lawyer may be in doubt about whether
contemplated conduct will actually be carried out by the organization. When
a lawyer requires guidance about compliance with this Rule in connection
with an organizational client, the lawyer may proceed under the provisions
of Rule 1.13(b).

Other

  [26] This Rule does not relieve a lawyer of his or her obligations under
Rule 5.4(b) of the Rules for Enforcement of Lawyer Conduct.

[Amended effective September 1, 2006.]