Advisory Opinion: 1549

Year Issued: 1993

RPC(s): RPC 1.6; 3.3

Subject: Client confidence or secret; disclosure of bankruptcy client misrepresentation to tribunal

The Committee reviewed your inquiry concerning your duty or ability to disclose existence of life insurance proceeds payable to your client, who, with her late husband, was in a Chapter Seven bankruptcy proceeding which is now closed. The Committee was of the opinion that the scope of your duty [depends] upon whether the failure to disclose the existence of the funds constitutes a crime, and if so, whether it is a completed or continuing crime under federal or state law. As a completed crime, that is, a past act, pursuant to RPC 1.6 you may not disclose it without your client's consent. If it is a continuing crime, and if the bankruptcy proceeding is not concluded, then under RPC 3.3 you would have a duty to disclose it to the trustee in bankruptcy. If the proceeding has concluded, then pursuant to that rule and RPC 1.6, you may disclose it.

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.