Can a lawyer give a prosecutor client information to rebut a former client's claim of ineffective assistance of counsel?

Plain-English summary

The inquiry concerned a request by a prosecuting attorney that the lawyer respond to allegations of having provided ineffective assistance of counsel to a former client by disclosing client information to the prosecuting attorney. The committee was of the opinion that, under the facts presented, RPC 1.6 would require the lawyer not to disclose confidences or secrets of the former client unless the lawyer were so ordered by a court.

Currency note

This opinion was issued in 1991, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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 share a former client's information with the prosecutor to rebut an ineffective-assistance claim?

A: Under this 1991 opinion, not on these facts; the committee was of the opinion that RPC 1.6 requires not disclosing the former client's confidences or secrets unless ordered by a court.

Q: What would allow disclosure?

A: The committee identified a court order as the condition; absent that, the lawyer was not to disclose the confidences to the prosecuting attorney.

Background and rules framework

At the time of this opinion, Washington's RPC 1.6 governed confidentiality, including any self-defense exception, and RPC 1.3 required diligence, the subjects the Model Rules place in Rules 1.6 and 1.3. On the facts presented, the committee read RPC 1.6 to bar voluntary disclosure to the prosecutor absent a court order.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.3 (diligence)
• ABA Model Rule 1.6 (confidentiality)
• Washington RPC 1.3, 1.6

See also

• WA Ethics Op. 1394: Disclosing a Client's Criminal History to the Prosecutor
• WA Ethics Op. 1382: Client Confidences and a Federal Audit

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=494

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Committee reviewed your inquiry concerning a request by a Prosecuting Attorney that you respond to allegations that you provided ineffective assistance of counsel to a former client by disclosing client information to the Prosecuting Attorney. The Committee was of the opinion that under the facts presented, RPC 1.6 would require that you not disclose confidences or secrets of your former client unless you were so ordered by a court.