Wash. Admi. And. Prac. R. LLLT RPC 1.6

As amended through November 7, 2024
Rule LLLT RPC 1.6 - CONFIDENTIALITY OF INFORMATION
(a) An LLLT 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) An LLLT to the extent the LLLT 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 LLLT's services;
(4) may reveal information relating to the representation of a client to secure legal advice about the LLLT'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 LLLT in a controversy between the LLLT and the client, to establish a defense to a criminal charge or civil claim against the LLLT based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the LLLT'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.

Wash. Admi. And. Prac. R. LLLT RPC 1.6

Comment

[1] Rule 1.6 was adapted from Lawyer RPC 1.6 with no substantive changes and applies to LLLTs analogously.

[2] Under APR 28(K)(3) the Washington law of attorney-client privilege extends to LLLTs "to the same extent as it would apply to an attorney-client relationship." In communicating the existence or scope of this privilege to a client, a LLLT must take steps to ensure that the client understands the LLLTs role and to avoid any impression that the LLLT is serving as a lawyer in the matter.