The Washington State Bar Committee on Professional Ethics recently released advisory opinion No. 201802 addressing “quadripartite” relationships.
As Mark Fucile writes on NW Sidebar:
Tripartite relationships among an insurer, the insured, and defense counsel have been delineated extensively in both court decisions and advisory opinions. “Quadripartite” relationships, by contrast, are a fairly new development and remain comparatively unplumbed.
While the addition of a fourth party to the insurer/insured/defense counsel relationship is rare, it can occur. This raises the question: can defense counsel share confidential information with the fourth party?
The answer under advisory opinion no. 201802 is yes – if the client consents and if doing so is in client’s interest and does not jeopardize attorney/client or work product privilege.
Oregon has no opinion on quadripartite relationships.
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