Advisory Opinion: 1476

Year Issued: 1992

RPC(s): RPC 1.6

Subject: Disclosure of client confidence or secret; disclosure of client intoxication to court

The Committee reviewed your inquiry regarding a lawyer's obligation when a client appeared in court to petition for a deferred prosecution and the attorney recognizes that the client has alcohol on his breath. The Committee was of the opinion that Rule 1.6 of the Rules of Professional Conduct would prohibit the lawyer from disclosing this information to the court, assuming that there were not otherwise any misrepresentations being made to the 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.