Advisory Opinion: 1414

Year Issued: 1991

RPC(s): RPC 1.3; 1.6

Subject: Disclosure of client confidence or secret in response to allegations of ineffective assistance of counsel

The Committee reviewed your inquiry concerning a request by a Prosecuting Attorney that you respond to allegations that you provided ineffective assistance of counsel to a former client by disclosing client information to the Prosecuting Attorney. The Committee was of the opinion that under the facts presented, RPC 1.6 would require that you not disclose confidences or secrets of your former client unless you were so ordered by a court.

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.