Advisory Opinion: 1418

Year Issued: 1991

RPC(s): RPC 1.6; 3.3(a)(1); 8.3

Subject: Client confidence or secret; disclosing misrepresentations to court by client's prior lawyer

The Committee reviewed your inquiry concerning information from a prospective client that the client's former lawyer made misrepresentations to the court in a sentencing proceeding. The Committee understood that the potential client has directed you not to disclose that information. The Committee was of the opinion, that, based upon these facts, RPC 1.6 would require that you not disclose the information unless permitted to do so by your client.

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.