Can a lawyer report that a prospective client's former lawyer misled the court, when the prospective client says not to?

Plain-English summary

The inquiry concerned information from a prospective client that the client's former lawyer made misrepresentations to the court in a sentencing proceeding. The committee understood that the potential client had directed the lawyer not to disclose that information.

Based on these facts, the committee was of the opinion that RPC 1.6 would require the lawyer not to disclose the information unless permitted to do so by the client.

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 Treat this page as historical context, not current guidance.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: Must a lawyer report another lawyer's misrepresentation to the court?

A: Under this 1991 opinion, not on these facts; the committee was of the opinion that RPC 1.6 requires the lawyer not to disclose the prospective client's information unless the client permits it.

Q: Does the duty to report misconduct override confidentiality here?

A: The committee resolved the question under RPC 1.6, concluding that the client's confidentiality controlled and the information could not be disclosed without the client's permission.

Background and rules framework

At the time of this opinion, Washington's RPC 1.6 governed confidentiality, RPC 3.3(a)(1) governed candor toward a tribunal, and RPC 8.3 governed reporting professional misconduct, the subjects the Model Rules place in Rules 1.6, 3.3, and 8.3. On the facts presented, the committee read RPC 1.6 to bar disclosure of the prospective client's information without the client's permission.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality)
• ABA Model Rule 3.3 (candor toward the tribunal)
• ABA Model Rule 8.3 (reporting professional misconduct)
• Washington RPC 1.6, 3.3(a)(1), 8.3

See also

• WA Ethics Op. 1414: Confidences and an Ineffective-Assistance Allegation
• WA Ethics Op. 1394: Disclosing a Client's Criminal History to the Prosecutor

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=498

Original opinion text

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

The Committee reviewed your inquiry concerning information from a prospective client that the client's former lawyer made misrepresentations to the court in a sentencing proceeding. The Committee understood that the potential client has directed you not to disclose that information. The Committee was of the opinion, that, based upon these facts, RPC 1.6 would require that you not disclose the information unless permitted to do so by your client.