Advisory Opinion: 1288

Year Issued: 1989

RPC(s): RPC 4.1(b)

Subject: Disclosure of client fraud; court appointed client not entitled to appointed counsel

The Committee reviewed your inquiry concerning disclosure by a lawyer that a court-appointed client either had changed circumstances which no longer entitled that person to court appointed counsel, or had learned that the client may have obtained appointed counsel initially by fraud, misrepresentation or omission. The Committee was of the opinion, that assuming there are clear standards for financial eligibility which had been communicated to the client by the county or appointing authority, RPC 4.1(b) would require the lawyer to disclose the information because failure to do so would constitute assisting the client to commit criminal fraud upon the county.

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.