(a) In representing a client a lawyer shall not knowingly:

(1) make a false statement of material fact or law to a third person; or

(2) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client.

(b) The duties stated in this Rule apply even if compliance requires disclosure of information otherwise protected by RPC 1.6.

Comment to RPC 4.1

The Court has adopted the recommendation of the Debevoise Committee. As adopted, subparagraph (a)(2) states negatively the affirmative duty to disclose set forth in RPC 1.6. However, as provided in paragraph (b), this rule in certain situations can impose an even greater duty upon an attorney to disclose information than is required under RPC 1.6. Consequently, RPC 4.1(a)(2) would appear to extend the limits of RPC 1.6 in compelling disclosure. However, while RPC 1.6 imposes on the attorney an affirmative duty to disclose by seeking out the proper authorities, RPC 4.1 limits the duty to disclose to those situations in which the lawyer is being questioned by a third party. There is thus no actual inherent conflict, except that in a given situation RPC 4.1 can impose on an attorney an even greater duty to disclose than is required under RPC 1.6.

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