Key Takeaways

  • The clean hands law is an equitable doctrine barring parties from legal relief if they engaged in wrongful conduct related to their claim.
  • The doctrine applies primarily in equity-based cases like contract disputes and family law.
  • Courts require a direct connection between the plaintiff’s misconduct and the subject matter of the dispute.
  • A Certificate of Clean Hands is often required in government dealings to confirm no outstanding debts or legal non-compliance.
  • States like Washington, D.C., enforce compliance through systems denying services to those failing to meet clean hands requirements.
  • Common areas where the doctrine is applied include property disputes, business litigation, and custody battles.

Clean hands is the legal principle that only a party that has done nothing wrong can come to a court with a lawsuit against the other person. If the party bringing the suit has acted in an unfair, illegal, dishonest, or otherwise immoral way in regards to the subject matter at issue then they have violated an equitable principle and have “unclean hands.”

Someone who violates equitable norms cannot then seek equitable relief or claim a defense based in the law of equity. However, only the activities involved and relevant to the subject matter of the legal action are considered. A party can be a horrible person as long as none of his/her bad acts relate to the legal claim. The immoral conduct can be of either a legal nature or a moral one, or both; it just has to relate to the subject matter in issue.

A defense available to the defendant would be to claim that the plaintiff has unclean hands because the plaintiff misled the defendant or did something else wrong related to the subject matter under scrutiny. To successfully claim the affirmative defense of unclean hands, the defendant must show that the plaintiff did in fact mislead the defendant or that a particular wrongdoing is related to the matter under consideration. This defense may not be used to discuss conduct of the plaintiff that is unrelated to the subject matter of the claim.

Examples of Clean Hands

Example 1: A doctor (plaintiff), who has left a partnership of doctors, sues the other doctors still in the partnership for money that he is allegedly owed under his contract with the partnership. The defense raises an unclean hands defense because the plaintiff has tried to take patients from the partnership’s practice. He also told incriminating lies about the remaining doctors in the partnership to convince patients to leave the partnership and come to him instead.

In this case, the doctor would not be able to successfully sue on equitable grounds for the money because he has unclean hands.

Example 2: If a seller of products induced a customer to sign the contract at issue based on fraudulent activity and then sues the customer to obtain payments for those products based on that contract, the defendant may raise the unclean hands affirmative defense because the plaintiff in fraudulently inducing the customer to sign the contract lost him right to sue under the clean hands doctrine.

A court of equity is unlikely to decide issues of unfairness or injustice in favor of the plaintiff if the defendant can show that the plaintiff who is asking for an equitable remedy has acted wrongly in regards to the claim or contract at hand.

Example 3: Let’s say company 1 was able to obtain confidential client information from company 2 in 2000. This was not by legitimate means, but by some unlawful or immoral conduct. Then, six years later, in 2006, company 2 stole some confidential client information from company 1. Company 1 sues company 2 to get the confidential client information back and enforce an injunction to prevent further stealing of information. Company 1 will not be successful because it sued company 2 with “unclean hands.”

Under the clean hands doctrine, company 1 has acted wrongly, both immorally or illegally and therefore has unclean hands and will not be helped by the court to fix the related immoral or illegal actions of another against it.

To claim unclean hands as an affirmative defense, the complaint brought to court must be seeking an equitable remedy.

Applications of the Clean Hands Law in Modern Litigation

The clean hands law has broad applications across various areas of civil litigation, including:

  • Business Disputes: A business may be barred from seeking injunctive relief if it engaged in fraudulent practices related to the dispute.
  • Real Estate: A party trying to enforce a real estate agreement may be denied equitable remedies if they misrepresented property conditions.
  • Employment Litigation: Employers seeking to enforce a non-compete clause may fail if they previously breached employment terms themselves.
  • Partnership Conflicts: In cases involving partnership dissolution, one partner may lose equitable claims if they diverted resources or clients in bad faith.

Courts assess not just the existence of misconduct, but whether that misconduct has a direct relationship to the relief being requested. The doctrine emphasizes fairness, discouraging litigants from benefiting from their own wrongdoing.

Family Law

While this doctrine is most often talked about in contract law, it also has its place in family law. Here are a few examples of the doctrine’s use in family law:

  • Example 1: A parent kidnaps their child and then later requests custody. That parent will most likely be denied custody unless the child is in danger in the custody of the other parent.
  • Example 2: A spouse conceals assets or misappropriates marital property during the marriage or separation. The other spouse learns of misappropriation. The first spouse will likely receive less than her fair share when the property is divided at divorce due to her unfair conduct.

Certificate of Clean Hands in Government Compliance

Outside the courtroom, the clean hands concept also appears in administrative and regulatory contexts. Many jurisdictions, including Washington, D.C., require a Certificate of Clean Hands when individuals or businesses interact with local government services.

This certificate confirms that an entity or person does not owe more than a specified amount (e.g., $100) in outstanding debts such as:

  • Unpaid taxes
  • Delinquent fees or fines
  • Violations of municipal regulations

For instance, the D.C. Office of Tax and Revenue (OTR) mandates a Certificate of Clean Hands before issuing licenses, permits, or contracts​. Failure to comply can halt business operations or block real estate transactions.

Elements Required to Assert Unclean Hands

For the unclean hands defense to succeed, the defendant must establish:

  1. Misconduct by the Plaintiff: The wrongful behavior must be clearly shown, such as fraud, deceit, or misrepresentation.
  2. Connection to the Subject Matter: The misconduct must directly relate to the issue in dispute—not just general bad behavior.
  3. Impact on Fairness: The plaintiff’s actions must have harmed the integrity of the legal process or the specific rights involved.

Merely immoral or illegal behavior unrelated to the current case typically does not qualify. The doctrine serves as a fairness safeguard, preventing parties from manipulating equity for unjust gain.

Limitations of the Clean Hands Doctrine

While powerful, the clean hands law has limitations:

  • Not a Catch-All Defense: It cannot be used to address general misconduct; the conduct must relate to the issue at hand.
  • Does Not Apply in Legal Remedies Alone: The doctrine primarily applies in equitable cases—like injunctions or specific performance—not in purely legal claims such as damages for breach of contract.
  • Judicial Discretion: Judges have leeway to determine whether the misconduct justifies denying relief, which may vary depending on the case’s nuances.

Courts also avoid applying the doctrine too rigidly, especially if it would result in disproportionately harsh outcomes or deny rightful claims over technical infractions.

Frequently Asked Questions

  1. What does the clean hands law mean?
    The clean hands law is a legal principle that prevents a party from obtaining equitable relief if they acted unethically or in bad faith regarding the subject of their claim.
  2. Does clean hands apply in criminal cases?
    No, the clean hands doctrine is a civil law principle. It is primarily used in equity-based civil cases like injunctions, divorces, or contract enforcement.
  3. What is a Certificate of Clean Hands?
    It is a document certifying that an individual or business has no outstanding debts or violations with a government agency, often required for licenses or permits.
  4. Can a judge still grant relief if someone has unclean hands?
    Possibly. The decision is at the judge’s discretion and depends on the severity and relevance of the misconduct.
  5. How do I get a Certificate of Clean Hands in Washington, D.C.?
    You can request one through the Office of Tax and Revenue’s online portal, provided you do not owe more than $100 in debt to the District.

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