WA · rules
Wash. R. for Enforcement of Lawyer Conduct 5.4
Privileges
(a) Privilege Against Self-Incrimination. A lawyer’s duty to cooperate is subject to the
lawyer’s privilege against self-incrimination, where applicable.
(b) Attorney-Client Privilege.
(1) Assertion in Response to Investigative Inquiries. In response to an investigative inquiry
made under rule 5.3(g), or an investigatory subpoena under rule 5.5, unless a lawyer makes an
objection under rule 5.6, a lawyer may not assert the attorney-client privilege or other
prohibitions on revealing information relating to the representation of a client as a basis for
refusing to provide information.
(2) Duties of Disciplinary Counsel. Disciplinary counsel receives, reviews, and holds
attorney-client privileged and other confidential client information under and in furtherance of
the Supreme Court’s authority to regulate the practice of law. Disclosure of information to
disciplinary counsel is not prohibited by RPC 1.6 or RPC 1.9 and such disclosure does not waive
any attorney-client privilege. If the lawyer identifies the specific information that is privileged
or confidential and requests that it be treated as confidential, the Association must, absent
authorization under rule 5.6, maintain the confidentiality of information provided by a lawyer in
response to an inquiry or request under these rules.
(3) Non-Disclosure. No information identified as confidential under this rule may be
disclosed or released under Title 3 of these rules unless the client or former client consents,
which includes consent under rule 5.1(b). Nothing in these rules waives or requires waiver of
any lawyer’s own privilege or other protection as a client against the disclosure of confidences or
secrets.
History
[Adopted effective October 1, 2002; Amended effective January 1, 2014; January 1, 2015.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
ecfdae9ba7faaad8c83d326ca6f453593dcd8a7900ecabe3fe85cb5e636837bb
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