If a lawyer learns a client made false statements to a court, may the lawyer disclose them?

Plain-English summary

A lawyer asked about the obligation that arises on learning that a client had made false statements to a tribunal. The committee was of the opinion that RPC 1.6 would prohibit the lawyer from disclosing the information.

It added that if the lawyer were later accused of having been involved with the client in fraudulent conduct, the lawyer may make such disclosures as are necessary to defend himself or herself, pursuant to RPC 1.6.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Can a lawyer disclose that a client made false statements to a court?

A: The committee was of the opinion that RPC 1.6 prohibits the lawyer from disclosing the information.

Q: Is there any circumstance in which the lawyer could disclose?

A: Yes. The committee said that if the lawyer were later accused of involvement in the client's fraudulent conduct, the lawyer may disclose what is necessary for self-defense, pursuant to RPC 1.6.

Background and rules framework

The opinion applied RPC 1.6 (confidentiality of information), corresponding to ABA Model Rule 1.6. The committee treated the client's false statements as confidential information the lawyer could not reveal, subject to the self-defense exception that allows disclosure necessary to respond to an accusation that the lawyer participated in the client's fraudulent conduct. The opinion does not address any separate candor-to-the-tribunal duty in this summary.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality; self-defense exception); Washington RPC 1.6

See also

• WA Ethics Op. 1476: Client Intoxication and Confidentiality
• WA Ethics Op. 1489: Disclosing Client Info to Collect a Fee

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=576

Original opinion text

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

Advisory Opinion: 1496
Year Issued: 1992
RPC(s): RPC 1.6
Subject: Client confidence or secret; disclosure of client's false statements to tribunal

The Committee reviewed your inquiry regarding a lawyer's obligation when learning that a client had made false statements to a tribunal. The Committee was of the opinion that RPC 1.6 would prohibit the lawyer from disclosing the information. However, if the lawyer were later accused of having been involved with the client in fraudulent conduct, the lawyer may make such disclosures as are necessary to defend himself or herself pursuant to RPC 1.6.