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

Short answer The committee concluded RPC 1.6 prohibits the lawyer from disclosing the client's false statements, but the lawyer may disclose what is necessary for self-defense if later accused of fraudulent conduct with the client.
Bar
WSBA
Issued
1992

Apply this to your situation

This page answers the general question as of 1992. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

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 Treat this page as historical context, not current guidance.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

Source

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.

What do the rules say today, for your facts?

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