Advisory Opinion: 1415

Year Issued: 1991

RPC(s): RPC 4.1; 8.4(a); 8.4(c)

Subject: Use of actor posing as client to impeach expert witness; misrepresentation

The Committee reviewed your inquiry concerning use of an actor to pose as a client for an evaluation by a psychologist, with the intent to use that situation for impeachment of the psychologist's testimony at trial. The Committee was of the opinion that this would be a fraudulent scheme and sharp practice in violation of RPC 4.1(a) and RPC 8.4(a) and (c).

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.