Advisory Opinion: 1264

Year Issued: 1989

RPC(s): RPC 1.6; 1.15(a)(1); 3.3; 8.4(c)

Subject: Duty to disclose to opposing counsel or court possibly misleading information in pleading

The Committee reviewed your inquiry regarding the possibly misleading answer which you provided in response to a Writ of Garnishment. The Committee was of the opinion that you are under no duty to correct the previous answer, but if, in the future, your client is again served with another Writ of Garnishment, RPC 8.4(c) would require you to disclose all facts necessary to avoid misleading the garnishor. If your client would not consent to such disclosure, RPC 1.15(a)(1) would require your withdrawal.

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.