Advisory Opinion: 1666

Year Issued: 1996

RPC(s): RPC 1.6(b)

Subject: Client confidence or secret; lawsuit against client for bounced check

The Committee discussed your inquiry regarding whether the Rules of Professional Conduct permit you to initiate court action against your client to get a restitution award on a bounced check. The Committee determined that based on the facts stated, you are a victim of a crime and as such fall under the exception of RPC 1.6(b) which allows you to reveal confidences and secrets to the extent necessary to establish a claim on your behalf.

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.