Opinion 1256

[The lawyer proposed to offer a news release and photograph to the news media regarding a former client. After the lawyer represented the client for almost a year, the client disappeared, and the lawyer conducted an investigation which led him to conclude that the client had given him a false name and had a history of using false names to deceive others.] The Committee reviewed your inquiry concerning the disclosure by you of information that you learned about a client after the termination of the attorney/client relationship, upon the belief that the client may engage in future criminal conduct. Based upon all of the facts presented, the Committee was of the opinion that RPC 1.6 (b)(1) only permits a lawyer to disclose client confidences or secrets if the lawyer reasonably believes that such disclosure is necessary to prevent the client from committing a crime. The Committee was of the opinion that it is not enough that a lawyer have a subjective belief but that there must be objective circumstances supporting the reasonableness of that belief. Without specific objective facts to support such a belief, a lawyer should not be in a position of deciding the probability that a client will engage in future criminal conduct. Therefore the Committee was of the opinion that you could not make the disclosures suggested by your inquiry.

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.