Advisory Opinion: 1196

Year Issued: 1988

RPC(s): RPC 1.6

Subject: Client confidences and secrets; disclosure to client's former spouse over client's objection

The Committee considered your inquiry concerning whether you must disclose information to your client's former spouse when your client has directed you not to disclose the information. The Committee was of the opinion that you could not disclose the information which your client directed you to withhold unless you were of the opinion that the client's conduct would in any fashion constitute the commission of a crime. In that instance, RPC 1.6 provides that a lawyer "may" disclose such information as is necessary to prevent the client from committing a crime.

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.