Can a lawyer release a former client's information to the news media because the lawyer believes the former client may commit future crimes?

Plain-English summary

The lawyer proposed to offer a news release and photograph to the news media about a former client. The lawyer had represented the client for almost a year; the client then disappeared, and the lawyer's investigation led him to conclude that the client had given a false name and had a history of using false names to deceive others. The lawyer asked whether he could disclose what he had learned, based on a belief that the former client might engage in future criminal conduct.

The committee was of the opinion that RPC 1.6(b)(1) permits a lawyer to disclose client confidences or secrets only if the lawyer reasonably believes disclosure is necessary to prevent the client from committing a crime. It read "reasonably believes" to require more than a subjective belief: there must be objective circumstances supporting the reasonableness of that belief. Without specific objective facts, the committee said, a lawyer should not be in the position of deciding the probability that a client will engage in future criminal conduct. On the facts presented, the committee concluded that the lawyer could not make the disclosures suggested by the inquiry.

Currency note

This opinion was issued in 1989, 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 Treat this page as historical context, not current guidance.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: Could the lawyer release the former client's information to the media?

A: Under this 1989 opinion, no. On the facts presented, the committee concluded the lawyer could not make the proposed disclosures.

Q: Does the confidentiality duty end when the representation ends?

A: No. The committee applied RPC 1.6 to information the lawyer learned about a client even after the attorney-client relationship terminated.

Q: What kind of belief is needed to disclose to prevent a crime?

A: An objectively reasonable one. The committee said a subjective belief is not enough; there must be objective circumstances supporting the belief that disclosure is necessary to prevent a crime.

Background and rules framework

RPC 1.6, Washington's version of ABA Model Rule 1.6, protects client confidences and secrets, and its RPC 1.6(b)(1) provision permits disclosure where the lawyer reasonably believes it necessary to prevent the client from committing a crime. The committee construed the "reasonably believes" standard objectively, requiring specific facts rather than the lawyer's subjective assessment of the likelihood of future criminal conduct.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality of information)
• Washington RPC 1.6(b)(1)

See also

• WA Ethics Op. 1249: Client Address to the IRS

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=336

Original opinion text

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

[The lawyer proposed to offer a news release and photograph to the news media regarding a former client. After the lawyer represented the client for almost a year, the client disappeared, and the lawyer conducted an investigation which led him to conclude that the client had given him a false name and had a history of using false names to deceive others.] The Committee reviewed your inquiry concerning the disclosure by you of information that you learned about a client after the termination of the attorney/client relationship, upon the belief that the client may engage in future criminal conduct. Based upon all of the facts presented, the Committee was of the opinion that RPC 1.6 (b)(1) only permits a lawyer to disclose client confidences or secrets if the lawyer reasonably believes that such disclosure is necessary to prevent the client from committing a crime. The Committee was of the opinion that it is not enough that a lawyer have a subjective belief but that there must be objective circumstances supporting the reasonableness of that belief. Without specific objective facts to support such a belief, a lawyer should not be in a position of deciding the probability that a client will engage in future criminal conduct. Therefore the Committee was of the opinion that you could not make the disclosures suggested by your inquiry.