If a lawyer learns the client gave false testimony in a dissolution trial, can the lawyer disclose it to the court?

Plain-English summary

The inquiry asked what the lawyer should do upon discovering that the client, in a dissolution trial, had given false testimony about the amount received from the sale of a car. The committee understood that no findings or decree had yet been entered.

The committee was of the opinion that, under RPC 3.3(c) and 1.6, the lawyer would not be permitted to disclose that information. Instead, the lawyer should seek the consent of the client to disclose it, and if that consent is denied, the lawyer should withdraw.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The candor rule then numbered RPC 3.3, with its subsection (c), and the confidentiality rule RPC 1.6 correspond to Model Rules 3.3 and 1.6; Washington's version subordinated the candor duties to confidentiality differently than the current rules, which were later amended on exactly this point. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can a lawyer tell the court that the client lied on the stand?

A: Per the opinion, no on these facts. The committee was of the opinion that under RPC 3.3(c) and 1.6 the lawyer would not be permitted to disclose the client's false testimony.

Q: What should the lawyer do instead of disclosing?

A: The committee was of the opinion that the lawyer should seek the client's consent to disclose the information.

Q: What if the client refuses to consent to disclosure?

A: The committee was of the opinion that if consent is denied, the lawyer should withdraw.

Background and rules framework

The opinion applies Washington RPC 3.3 (candor toward the tribunal), specifically subsection (c), and RPC 1.6 (confidentiality of information), corresponding to Model Rules 3.3 and 1.6. As the committee read the Washington rules then in force, the confidentiality duty barred the lawyer from disclosing the client's false testimony to the court; the lawyer's path was to seek the client's consent and, failing that, to withdraw rather than reveal the confidence.

Citations and references

Rules of Professional Conduct:

• Washington RPC 3.3(c) (candor toward the tribunal), corresponding to Model Rule 3.3.
• Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6.

See also

• WSBA Ethics Op. 942: whether a lawyer must reveal to the court that a bankruptcy client hid an inheritance
• WSBA Ethics Op. 948: a lawyer-creditor who knows of assets a former client hid in bankruptcy
• WSBA Ethics Op. 909: whether a lawyer must reveal undisclosed benefits that would reduce a client's workers'-comp recovery

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=203

Original opinion text

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

Advisory Opinion: 1123
Year Issued: 1987
RPC(s): RPC 3.3(c); 1.6
Subject: Client confidences and secrets; disclosure of false testimony

The Committee considered your inquiry asking what you should do when you discovered your client in a dissolution trial had given false testimony regarding the amount received from the sale of a car. The Committee understood that no findings or decree have yet been entered. The Committee was of the opinion that, pursuant to RPC 3.3(c) and 1.6, you would not be permitted to disclose that information, but that you should seek the consent of your client to disclose it, and if that consent is denied, you should withdraw.