Advisory Opinion: 1236

Year Issued: 1988

RPC(s): RPC 1.6

Subject: Client secret or confidence; falsified evidence; duty to disclose intended perjury

The Committee reviewed your inquiry concerning the request by a former client that you return documents to him which you believe he has falsified and which you believe he intends to use to commit perjury. You inquire whether you have any duty to disclose what you believe to be your former client's intended perjury. The Committee noted that RPC 1.6 provides that a lawyer "may" reveal client confidences or secrets necessary to prevent the client from committing a crime. Because the rule is in the permissive rather than mandatory sense, the Committee was of the opinion that you would have no duty to disclose what you believe to be your client's intent to commit perjury.

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.