Wash. R. for Enforcement of Lawyer Conduct 3.4

(a) Disclosure of Information. Except as prohibited by rule 3.2(e), court order, or other

law, the grievant, respondent lawyer, or any witness may disclose any information in their

possession regarding a disciplinary matter.

(b) Investigative Disclosure. The Association may disclose otherwise confidential

information, including relevant information from related grievances filed by the same grievant,

as necessary to conduct a review or investigation, to recruit counsel, or to keep a grievant

advised of the status of a matter except as prohibited by rule 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, except as

prohibited by rule 3.2(e), the Association may release the status of otherwise confidential

disciplinary or disability proceedings and provide otherwise confidential information to any

person or entity authorized by the lawyer to receive the information.

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

(1) Except as prohibited by rule 3.2(e), the Executive Director or Chief Disciplinary

Counsel, or a designee of either 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 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.

(3) A decision regarding release of information is final and is not subject to further review.

(e) Discretionary Release. The Executive Director or the Chief Disciplinary Counsel may

authorize the general or limited release of any confidential information when it appears

necessary to protect the interests of clients or other persons, the public, or the integrity of the

disciplinary process, except as prohibited by rule 3.2(e). 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. A decision regarding release of

information is final and is not subject to further review.

(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. The statement may not disclose

information protected by rule 3.2(e).

(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, except as prohibited by rule 3.2(e), 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 Law Enforcement and Disciplinary Authorities. Except as

prohibited by rule 3.2(e), information or testimony may be released to authorities in any

jurisdiction authorized to investigate alleged criminal or unlawful activity, judicial or lawyer

misconduct, or disability.

(i) Release to Lawyers' Fund for Client Protection. Information relating to applications

pending before the Lawyers' Fund for Client Protection Board (LFCP Board) may, except as

prohibited by rule 3.2(e), be released to the LFCP Board. The LFCP Board must treat such

information as confidential unless the Executive Director or the Chief Disciplinary Counsel

authorizes release.

(j) Other Counsel. Conflicts review officers, special disciplinary counsel, adjunct

disciplinary counsel, Association counsel, a custodian appointed under ELC 7.7, counsel for a

petitioner under rule 8.9(d), counsel appointed under rule 8.10, and any lawyer representing the

Association in any matter have access to any otherwise confidential disciplinary information

necessary to perform their duties.

(k) Chief Hearing Officer and Disciplinary Selection Panel. The chief hearing officer

and the Disciplinary Selection Panel shall have access to any otherwise confidential disciplinary

information necessary to perform their duties. The chief hearing officer shall be given notice

when any grievance is filed against a hearing officer and of the disposition of that grievance.

Confidential information provided under the terms of this rule shall not be further disseminated

except as may be otherwise allowed under these rules.

(l) Release to Board of Governors or Officers. The Chief Disciplinary Counsel may

authorize release of otherwise confidential information to the Board of Governors or officers of

the Association as necessary to carry out their duties under these rules, except as prohibited by

rule 3.2(e), but the Board of Governors or officers of the Association must maintain its

confidentiality.

(m) Release to Practice of Law Board. Information obtained in an investigation relating

to possible unauthorized practice of law may, except as prohibited by rule 3.2(e), be released to

the Practice of Law Board. The Practice of Law Board must maintain the confidentiality of the

information unless the Executive Director or the Chief Disciplinary Counsel authorizes release.

(n) Information Not Subject to Subpeona. Information made confidential under these

rules shall not be subject to a subpoena in any civil, criminal, or other proceeding except by

leave of the Supreme Court upon a showing of compelling need.