Advisory Opinion: 1337

Year Issued: 1990

RPC(s): RPC 8.4; CR 11

Subject: Client confidence or secret; filing answer when truthful response might subject client to criminal prosecution

The Committee reviewed your inquiry concerning your compliance with CR 11 under circumstances in which a civil lawsuit has been instituted against a client who has disclosed to you information relevant to that lawsuit which, if known, might subject him to criminal prosecution. The Committee was of the opinion that RPC 8.4 prohibits you from filing an answer which contains an untruth, but that you may assert your client's privileges under the Fifth Amendment. The Committee was also of the opinion that nothing in the Rules prohibits a lawyer from filing an answer that is truthful or which asserts the Fifth Amendment. The Committee was also concerned that advising a client that any lawyer who knew all the facts would not be able to file an answer to the civil complaint would encourage the client to lie.

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.