Can a lawyer disclose information to a client's former spouse when the client has directed the lawyer not to disclose it?

Plain-English summary

The inquiry concerned whether the lawyer must disclose information to the client's former spouse when the client had directed the lawyer not to disclose the information. The committee was of the opinion that the lawyer could not disclose the information the client directed be withheld.

The committee identified one exception: if the lawyer were of the opinion that the client's conduct would in any fashion constitute the commission of a crime. In that instance, the committee said, RPC 1.6 provides that a lawyer "may" disclose such information as is necessary to prevent the client from committing a crime.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 1.6, governing confidentiality of information, corresponds to Model Rule 1.6 and has since been amended, including changes to its disclosure exceptions. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a lawyer disclose information a client told the lawyer to withhold from the client's former spouse?

A: Per the opinion, no, with one exception. The committee was of the opinion that the lawyer could not disclose the information the client directed be withheld.

Q: When could the lawyer disclose it anyway?

A: The committee said that if the lawyer were of the opinion that the client's conduct would in any fashion constitute the commission of a crime, RPC 1.6 provides that the lawyer "may" disclose such information as is necessary to prevent the client from committing the crime.

Q: Did the rule require disclosure to prevent a crime?

A: No. The committee quoted RPC 1.6 as providing that a lawyer "may" disclose, framing the crime-prevention exception as permissive rather than mandatory.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 1.6, corresponding to Model Rule 1.6, which governs the confidentiality of information relating to the representation. The committee treated the client's direction to withhold as controlling, subject only to the rule's permissive exception allowing a lawyer to disclose what is necessary to prevent the client from committing a crime.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6.

See also

• WSBA Ethics Op. 965: revealing a former client's confidences to answer false statements about the firm
• WSBA Ethics Op. 909: whether a lawyer must reveal a client's undisclosed benefits to an agency
• WSBA Ethics Op. 843: confidentiality of a person's eligibility for free legal help

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=276

Original opinion text

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

Advisory Opinion: 1196
Year Issued: 1988
RPC(s): RPC 1.6
Subject: Client confidences and secrets; disclosure to client's former spouse over client's objection

The Committee considered your inquiry concerning whether you must disclose information to your client's former spouse when your client has directed you not to disclose the information. The Committee was of the opinion that you could not disclose the information which your client directed you to withhold unless you were of the opinion that the client's conduct would in any fashion constitute the commission of a crime. In that instance, RPC 1.6 provides that a lawyer "may" disclose such information as is necessary to prevent the client from committing a crime.