Advisory Opinion: 948

Year Issued: 1985

RPC(s): RPC 1.6; 3.3(a)(2)

Subject: Client confidence or secret; disclosure in bankruptcy where lawyer is unsecured creditor

[The attorney was an unsecured creditor of a former client and knew from the prior representation about assets that the former client did not disclose in his bankruptcy.] The Committee was of the opinion that information learned by a lawyer during the course of representation of a client which the lawyer knows was not disclosed by the client in a bankruptcy court, constitute confidences or secrets as those terms are used in the Rules of Professional Conduct and therefore RPC 3.3(a)(2) and 1.6 would preclude the lawyer from disclosing those facts of his former client. The Committee did note that if the failure of the client to disclose the facts constituted a crime, then pursuant to RPC 1.6(b)(1), the lawyer may reveal such confidences or secrets to the extent reasonably necessary to prevent the client from committing the crime. The Committee was further of the opinion that the fact that the lawyer was an unsecured creditor of the bankrupt did not change its interpretation of the rules.

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.