Opinion 1247

The Committee reviewed your inquiry concerning whether you could disclose possible misconduct by another lawyer when such disclosure might cause damage to a client or former client. The Committee was of the opinion that under RPC 8.3 you have an ethical duty to report the misconduct of the other lawyer unless such disclosure would violate RPC 1.6, which, in this case, it clearly would because the information which would be disclosed is a client secret and such disclosure would harm the former client. It is further the opinion that in the event that it became necessary to disclose such information in order to protect yourself from accusations or wrongdoing, RPC 1.6(b)(2) would permit such disclosure.

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.