Can a lawyer give an adult client's psychiatric report to the parent who hired and paid the lawyer?

Plain-English summary

A father retained and paid a lawyer to help his adult daughter obtain Social Security Supplemental Security Income benefits, believing she was disabled by a psychiatric condition. The lawyer obtained a psychiatrist's report diagnosing paranoid schizophrenia (the report said she could not sign the application or medical releases but could otherwise manage her affairs), won the hearing, and then received the father's request for a copy of the report, given without any stated reason. The daughter had not been adjudicated incompetent and had no guardian.

The Committee concluded the daughter was the client, because she was the person for whom the lawyer performed legal services; the father's having retained and paid the lawyer did not change that, and Rule 5.4(c) barred the payer from directing the lawyer's professional judgment. Under Rule 1.6(a), the lawyer could not reveal a client's confidences or secrets without the client's consent after disclosure, and the duty extended to all information relating to the representation even if available from another source. Having used the report at the hearing did not strip it of protection.

The Committee added that the client's psychiatric condition did not change the result: Rule 1.14 directed the lawyer to maintain, as far as reasonably possible, a normal client-lawyer relationship, while allowing consultation with a medical provider for the client's benefit. Because the father stated no reason for the request and the psychiatrist found the daughter able to manage her affairs, the lawyer should advise the father to seek independent counsel (citing Rule 1.7(b)) and must not divulge the report on these facts. The Committee declined to address the Illinois physician-patient privilege and the Mental Health and Developmental Disability Confidentiality Act, noting both might apply.

Currency note

This opinion was issued in 2000, before Illinois adopted its current Rules of Professional Conduct, effective January 1, 2010. The Illinois Rules cited here use the pre-2010 numbering. The ISBA notes the opinion was affirmed by its Board of Governors in January 2010 as generally consistent with the 2010 Rules, though the specific standards referenced may differ. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: When a parent hires and pays a lawyer for an adult child, who is the client?

A: The Committee concluded the adult child is the client because she is the person for whom the lawyer performs the legal services, and Rule 5.4(c) bars the paying parent from directing the lawyer's professional judgment.

Q: Can the lawyer give the paying parent the client's medical report?

A: On these facts, no. The opinion concluded that Rule 1.6(a) barred disclosure of the client's confidences without her consent, and that having used the report at the hearing did not remove its protection.

Q: Does the client's mental illness let the lawyer share the report with family?

A: Not by itself. The Committee concluded that Rule 1.14 directed the lawyer to maintain a normal client-lawyer relationship as far as reasonably possible, and that disclosure to the father was justified only if the lawyer believed she was disabled enough that a guardian should be appointed.

Background and rules framework

The opinion applied Illinois Rule 1.6(a) (confidences and secrets), Rule 5.4(c) (a third party who pays may not direct the lawyer's judgment), Rule 1.14 (client under a disability), and Rule 1.7(b) (conflicts), corresponding to ABA Model Rules 1.6, 5.4, 1.14, and 1.7. It noted the separate operation of the Illinois physician-patient privilege (735 ILCS 5/8-802) and the Mental Health and Developmental Disability Confidentiality Act (740 ILCS 110/1 et seq.), which it did not decide.

Citations and references

Rules of Professional Conduct:

• Illinois Rules 1.6(a), 1.7(b), 1.14, 5.4(c) (Model Rules 1.6, 1.7, 1.14, 5.4)

Statutes:

• 735 ILCS 5/8-802 (physician-patient privilege) and 740 ILCS 110/1 et seq. (Mental Health and Developmental Disability Confidentiality Act), noted as possibly applicable but not decided

Cases:

• In re Anonymous, 654 N.E.2d 1128 (Ind. 1995), confidentiality extends to information from any source

Other opinions cited:

• ABA Informal Opinion 89-1530 (1989)

See also

• ISBA Ethics Op. 20-07: Obligations When a Client Becomes Impaired
• ISBA Ethics Op. 17-01: Disclosing Confidential Information to Prevent Harm

Source

• Landing page: https://www.isba.org/ethics/opinions/0002