Can a lawyer reveal client confidences to sue the client for a bounced check?

Plain-English summary

The inquirer asked whether the Rules of Professional Conduct permit initiating court action against a client to obtain a restitution award on a bounced check. The committee determined that, based on the facts stated, the lawyer is a victim of a crime and as such falls within the exception in RPC 1.6(b), which allows a lawyer to reveal confidences and secrets to the extent necessary to establish a claim on the lawyer's own behalf.

Currency note

This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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. Washington's RPC 1.6 corresponds to ABA Model Rule 1.6 (confidentiality of information), and the self-defense or claim exception now appears in Washington's RPC 1.6(b).

Common questions

Q: Can a lawyer reveal client confidences to collect on a bounced check from the client?

A: The committee concluded that, on the stated facts, the lawyer is a crime victim and may reveal confidences and secrets under RPC 1.6(b) to the extent necessary to establish the claim.

Q: How much can the lawyer reveal?

A: The committee tied the disclosure to the rule's limit: only to the extent necessary to establish a claim on the lawyer's own behalf.

Background and rules framework

The opinion applied RPC 1.6(b) (the exception allowing disclosure of confidences and secrets to establish a claim or defense on the lawyer's behalf, corresponding to ABA Model Rule 1.6). The committee characterized a lawyer holding a bounced check as a crime victim, which brought the lawyer's collection action within the rule's claim exception.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality of information); Washington RPC 1.6(b)

See also

• WA Ethics Op. 1607: Confidentiality and Fax Machines
• WA Ethics Op. 1677: Suing a Former Client for Expert Witness Fees

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=748

Original opinion text

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

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.