Advisory Opinion: 1502

Year Issued: 1992

RPC(s): RPC 1.6(c)

Subject: Confidence or secret; disclosure of misrepresentation by deceased client by lawyer for the estate

The Committee reviewed your inquiry concerning information you have received that a deceased client whose estate you now represent may have failed to disclose assets to a hospital in which he was being treated and, therefore, any have obtained some free hospital care. The Committee was of the opinion that the information is not a confidence or secret of your deceased client because you learned of it after the client was deceased. However, the Committee was of the opinion that it is a confidence or secret of the personal representative of the estate. RPC 1.6(c) permits disclosure of confidences of secrets of court appointed fiduciaries which disclose breach of their fiduciary responsibility. Whether that has occurred in this case is a question of law which the Committee cannot answer.

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.