[WSBAPT] Ethics Rule re Listserve

[Mark Anderson]

Thank you for the reference.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Karen E. Boxx
Sent: Friday, May 10, 2024 1:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Ethics Rule re Listserve

The quote is from a newly issued ABA Formal Ethics Opinion, found here https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-511.pdf



Professor Karen E. Boxx

University of Washington School of Law

Box 353020

Seattle, WA 98195-3020
206.616.3856
Sent from my iPad


On May 9, 2024, at 1:23 PM, Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:

To be clear, what was posted is NOT an actual comment, but a combination of the rule and a comment.  For those who are looking for the specifics, I will post the rule and then the comment separately.

RPC 1.6 (a)  states:
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).

Comment 4 states:
[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.

https://www.courts.wa.gov/court_rules/pdf/RPC/GA_RPC_01_06_00.pdf<https://urldefense.com/v3/__https:/www.courts.wa.gov/court_rules/pdf/RPC/GA_RPC_01_06_00.pdf__;!!K-Hz7m0Vt54!jyTUl0h7A8KxOVQksvKH_e3WuRoUyMc4yQ9oa1C_Ju0WoR6lb6MYL_gAKqDJ6TwBWLbhqebZkm2zy6uqhTB4$>

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

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On Thu, May 9, 2024 at 9:50 AM Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
Where and when was this comment first published?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.com/v3/__http:/www.mbaesq.com/__;!!K-Hz7m0Vt54!jyTUl0h7A8KxOVQksvKH_e3WuRoUyMc4yQ9oa1C_Ju0WoR6lb6MYL_gAKqDJ6TwBWLbhqebZkm2zy_GuMuTe$>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Amy Goertz
Sent: Wednesday, May 8, 2024 12:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Ethics Rule re Listserve

FYI I thought others might find this interesting - my husband/law partner belongs to another attorney list serve where someone shared this today:


Given that this just came out today, I thought it might be useful for our members to know about it before posting something on a client’s case on the list serve:


Confidentiality Obligations of Lawyers Posting to Listservs.


Rule 1.6 prohibits a lawyer from posting questions or comments relating to a representation to a listserv, even in hypothetical or abstract form, without the client's informed consent if there is a reasonable likelihood that the lawyer's questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer's client or the situation involved. A lawyer may, however, participate in listserv discussions such as those related to legal news, recent decisions, or changes in the law, without a client's informed consent if the lawyer's contributions will not disclose, or be reasonably likely to lead to the disclosure of, information relating to a client representation.



Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
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