Can a lawyer send an actor posing as a client to a psychologist's evaluation to set up impeachment of the psychologist at trial?
Apply this to your situation
This page answers the general question as of 1991. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned the use of an actor to pose as a client for an evaluation by a psychologist, with the intent to use that situation to impeach the psychologist's testimony at trial. The committee was of the opinion that this would be a fraudulent scheme and sharp practice in violation of RPC 4.1(a) and RPC 8.4(a) and (c).
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 Treat this page as historical context, not current guidance.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: Can a lawyer plant a fake client with an expert to set up impeachment?
A: Under this 1991 opinion, no; the committee was of the opinion that this would be a fraudulent scheme and sharp practice in violation of RPC 4.1(a) and RPC 8.4(a) and (c).
Q: Which rules did the committee say it would violate?
A: RPC 4.1(a), on truthfulness in statements to others, and RPC 8.4(a) and (c), on assisting a violation and on dishonesty, fraud, deceit, or misrepresentation.
Background and rules framework
At the time of this opinion, Washington's RPC 4.1 required truthfulness in statements to others and RPC 8.4(a) and (c) prohibited assisting a rule violation and engaging in dishonesty or misrepresentation, the subjects the Model Rules place in Rules 4.1 and 8.4. The committee characterized the staged evaluation as fraud and sharp practice reaching all three provisions.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 4.1 (truthfulness in statements to others)
- ABA Model Rule 8.4 (misconduct; dishonesty)
- Washington RPC 4.1, 8.4(a), 8.4(c)
See also
- WA Ethics Op. 1371: 'Save Up to 1/3 on Attorney's Fees' Advertising
- WA Ethics Op. 1394: Disclosing a Client's Criminal History to the Prosecutor
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=495
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning use of an actor to pose as a client for an evaluation by a psychologist, with the intent to use that situation for impeachment of the psychologist's testimony at trial. The Committee was of the opinion that this would be a fraudulent scheme and sharp practice in violation of RPC 4.1(a) and RPC 8.4(a) and (c).
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