Advisory Opinion: 1006

Year Issued: 1986

RPC(s): RPC 1.6

Subject: Client confidences and secrets; error in court order

The Committee understood the facts of your inquiry to be that a sentencing order was prepared by a prosecuting attorney and signed by a judge without any participation by you. As the sentencing order provides for less jail time than you understood to be orally set by the judge at the time of sentencing, the Committee was of the opinion that, assuming that you had no part whatsoever of the preparation of that order, RPC 1.6 would obligate you to remain silent regarding the apparent error, because it would constitute a secret of your 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.