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. 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; September 1, 2011.]