Advisory Opinion: 1112

Year Issued: 1987

RPC(s): RPC 1.6(b)

Subject: Revealing client confidence or secret to establish defense in controversy with former client

The Committee was of the opinion that where you are now the subject of a cross complaint which alleges, among other things, fraud, false and misleading statements, malpractice, frivolous and fraudulent filings, and unfair and deceptive practices, Rule 1.6(b) would permit you to reveal confidences or secrets to the extent you believe reasonable necessary to establish a defense on your behalf in the controversy with your former client. The Committee was further of the opinion that you should apprise your former clients of the Rule and of the area or material which you would go into in order to rebut their contentions so that they could consider whether they wish to pursue their claims.

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.