Advisory Opinion: 1149

Year Issued: 1988

RPC(s): RPC 1.2; 1.6(a); 3.3(a)(4)

Subject: Client confidence or secret; false testimony at deposition; aiding fraudulent conduct; duty to withdraw

The Committee understood the facts to be that a lawyer represented a client who had been deposed, and following the deposition, the client advised his lawyer that he had not been truthful about his gross income during certain years and that that income was from unlawful activity. The Committee was of the opinion that the lawyer must advise the client to authorize the lawyer to advise the opposing counsel of the inaccuracy of the original answer and then, based upon the facts presented by your inquiry, assert a claim of privilege or objection to providing such information based upon the asserted immateriality of the information. The lawyer must advise the client that if the client does not give such consent, the lawyer would have to withdraw. If the client withheld the consent, then the attorney must withdraw and could not reveal the information unless it were permitted by RPC 1.6.

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.