Advisory Opinion: 1209

Year Issued: 1988

RPC(s): RPC 3.3(a)(2); 4.1(b)

Subject: Client secret or confidence; falsified evidence; duty to withdraw

The Committee considered your inquiry concerning a situation wherein you learned that your client, prior to providing records to the adverse party, made alterations in those records. The Committee was of the opinion that Rule 3.3(a)(2) would require you to consult with your client and seek permission of your client to disclose the alteration. If your client refused to permit disclosure, then you would have to cease representation of that client. The Committee was of the opinion that continued representation of the client would violate RPC 3.3(a)(2) and RPC 4.1(b) because it would be a fraudulent act for the client to obtain a settlement or a judgment based upon falsified evidence.

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.