Bar Bulletin

Bar Bulletin

Confidentiality Revisited, Part 1: The Duty

April 2020 Bar Bulletin

By Mark Fucile, Mark Johnson, and Michael Sprangers

“Shhh… Be vewy vewy quiet, I’m hunting wabbits.” — Mr. Elmer Fudd, hunter and philosopher

“If I maintain my silence about my secret it is my prisoner...if I let it slip from my tongue, I am ITS prisoner.” — Arthur Schopenhauer, philosopher and hunter

“[L]awyers are regarded as people who know how to keep secrets, as much as they are regarded as litigators… or drafters of contracts.” — In re Schafer, 149 Wn.2d 148, 160 (2003)

While we don’t know whether Mr. Fudd’s recognition of the importance of silence has influenced the Washington Supreme Court’s thoughts regarding client confidentiality, we do...

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