Advisory Opinion: 1394

Year Issued: 1991

RPC(s): RPC 1.6; 4.1(a); Formal Opinion 188

Subject: Obligation of criminal defense counsel to disclose client's criminal history to prosecutor

The Committee reviewed your inquiry concerning Formal Ethics Opinion #188 and its application to disclosures to prosecuting attorneys. The Committee was of the opinion that RPC 4.1(a) would prohibit a lawyer from making misrepresentations to a prosecuting attorney and that, since Formal Opinion #188 states that a lawyer may not make disclosures to a court without client consent, disclosures could not be made to the prosecutor without consent as required by RPC 1.6.

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.