Advisory Opinion: 1242

Year Issued: 1988

RPC(s): RPC 1.6

Subject: Client confidence or secret; duty to disclose criminal acts

The Committee considered your inquiry raising the question of whether you have an obligation to disclose a former client's activity in threatening to reveal criminal activity by others, or whether you have an obligation to reveal that others may have committed criminal acts. The Committee was of the opinion that RPC 1.6, while providing that a lawyer "may" disclose confidences or secrets to the extent reasonably necessary to prevent a client from committing a crime, imposes no obligation that a lawyer do so, and therefore would impose no obligation to report any criminal activity by others either. The Committee was of the opinion that you acted properly by withdrawing from further representation 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.