Advisory Opinion: 1750

Year Issued: 1997

RPC(s): RPC 3.3; 3.4; 8.4

Subject: Duties toward tribunal; lawyer in possession of tapes of court proceeding needed for appeal that trial court has since lost or destroyed

[The lawyer obtained tapes of court proceedings as part of representing a criminal defendant in an appeal. The trial court said a tape of one relevant proceeding was lost or destroyed. The lawyer did not know whether that tape was among those he received from the court, and intended to destroy the tapes and/or refuse to provide them to the court.] Your recent ethical inquiry regards your ethical obligation to give certain tapes to the court and the consequences of failing to do so. You gave the tapes to your lawyer.

1. The Committee will not issue an opinion on a question regarding an action for which litigation is pending or which may be the subject of disciplinary action.

2. Your proposed course of action would likely be a violation of RPC 3.3, 3.4 and 8.4.

3. While you may wish to review RALJ as recently amended, this question is a mixed question of law and fact that we cannot give a more specific 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.