Advisory Opinion: 1294

Year Issued: 1989

RPC(s): RPC 1.6; 4.1

Subject: Fraud by client now cured; duty of subsequent lawyer


A prior lawyer assisted the client in deceiving a third party regarding ownership of a business. The client later contacted the inquiring lawyer who prepared documents that reflected the true status of the business's ownership. The Committee reviewed the facts of your inquiry and concluded that, to the extent some fraud was committed, that fraud has now been "cured." The Committee was of the opinion that unless your client consented to disclosure, RPC 4.1 and 1.6 would prohibit such disclosure.

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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.