Advisory Opinion: 1328

Year Issued: 1989

RPC(s): RPC 1.6; 1.15; 3.3(d)

Subject: Client fraud; use of fraudulent document; duty to withdraw

The Committee reviewed your inquiry concerning the obligations of a lawyer who learns that, in connection with settling a claim with an insurance company, his former client prepared a possibly fraudulent document which was used in connection with that settlement. The Committee understood the facts in your inquiry to be that the lawyer had advised the client to make disclosure to the insurance company and to rectify the situation, which the client declined to do.

The Committee was of the opinion that the lawyer had acted properly pursuant to RPC 3.3(d) in attempting to convince the client to authorize the disclosure, and that RPC 1.6 would prevent the lawyer from making any further disclosures in the face of his client's unwillingness to do so. Under those circumstances, pursuant to RPC 1.15, the lawyer would be obligated to withdraw from further representation of the client in this matter.

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.