Part II begins by exploring the history of the Rules of Professional Conduct. Part II then briefly turns to the origins of the modern debate over candor and confidentiality and focuses on two of the most essentially opposed and well known scholars on the issue, Judge Marvin Frankel and Professor Monroe Freedman. Part III dissects Washington's newly adopted RPC, focusing on Rules 1.6 and 3.3. Part IV suggests that although the new rules mostly balance a client's interest in confidentiality with a court's interest in candor, attorneys should be given the discretion to reveal client confidences when necessary. In conclusion, Part V proposes a slightly different version of Rule 3.3. This different version would give lawyers support in making decisions that maintain the delicate balance between candor and confidentiality.
Johanna M. Ogdon, Washington's New Rules of Professional Conduct: A Balancing Act , 30 SEATTLE U. L. REV. 245 (2006).