Opinion 1102

Subject: Client confidence or secret; Lawyer taking legal action against former client for slanderous statements regarding representation

The Committee was of the opinion that a lawyer may take legal action against a former client for slanderous statements made by that client regarding the lawyer's representation of the client in a prior proceeding because Rule 1.6 of the Rules of Professional Conduct permits a lawyer to reveal confidences to the extent that the lawyer reasonably believes necessary to establish a claim or a defense on behalf of the lawyer in a controversy between the lawyer and the client.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.