Can a lawyer sue a former client for slander about the representation and reveal client confidences to prove the case?
Apply this to your situation
This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry asked whether a lawyer could bring legal action against a former client over slanderous statements the client made about the lawyer's representation in a prior proceeding.
The committee was of the opinion that the lawyer may do so. It reasoned that RPC 1.6 permits a lawyer to reveal confidences to the extent the lawyer reasonably believes necessary to establish a claim or a defense on the lawyer's own behalf in a controversy between the lawyer and the client. The slander action fit that self-defense provision.
Currency note
This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a lawyer sue a former client for defaming the lawyer about the representation?
A: Per the committee, yes. It concluded a lawyer may bring such an action because RPC 1.6 allows revealing confidences as reasonably necessary to establish a claim or defense in a controversy between the lawyer and the client.
Q: Can the lawyer use client confidences to prove the slander claim?
A: The committee said the lawyer may reveal confidences to the extent reasonably believed necessary to establish the claim, under the self-defense provision of RPC 1.6.
Background and rules framework
The opinion applied RPC 1.6 (confidentiality of information, corresponding to ABA Model Rule 1.6), specifically the exception permitting disclosure to establish a claim or defense in a controversy between the lawyer and the client. The committee read that exception to cover a lawyer's affirmative slander action against a former client over statements about the prior representation.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.6 (confidentiality of information; self-defense exception); Washington RPC 1.6
See also
- WSBA Ethics Op. 1112: Defending Against a Former Client's Claims
- WSBA Ethics Op. 1042: Firm Suing a Former Client
- WSBA Ethics Op. 1502: Disclosing a Dead Client's Fraud
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=1139
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1102
Year Issued: 1987
RPC(s): RPC 1.6
Subject: Client confidence or secret; Lawyer taking legal action against former client for slanderous statements regarding representation
The Committee was of the opinion that a lawyer may take legal action against a former client for slanderous statements made by that client regarding the lawyer's representation of the client in a prior proceeding because Rule 1.6 of the Rules of Professional Conduct permits a lawyer to reveal confidences to the extent that the lawyer reasonably believes necessary to establish a claim or a defense on behalf of the lawyer in a controversy between the lawyer and the client.
Get today's answer for your situation
You just read a 1987 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.