Can a Washington lawyer report suspected abuse of a vulnerable adult when the information is a client confidence?

Plain-English summary

The inquiry asked about a lawyer's ethical obligation in light of RCW Chapter 74.34, which permits anyone (including a lawyer) to report information concerning abuse of vulnerable adults and grants good-faith reporters immunity from liability. The committee read the permissive statute against the lawyer's confidentiality duty.

The committee separated the question by whose information was at stake. If the lawyer represented the apparent abuser, disclosure would be prohibited by RPC 1.6 unless it fell within one of that rule's exceptions, most specifically the provision allowing a lawyer to reveal confidences necessary to prevent a client from committing a crime. If the lawyer learned of an apparent abuser from another client who asked that the lawyer not disclose, RPC 1.6 again applied. And if the lawyer represented the abused person, who requested no disclosure, the same rule applied; but in that case the committee said the lawyer should also consider RPC 1.13(b), which provides that when a lawyer reasonably believes a client cannot adequately act in the client's own interests, the lawyer may seek appointment of a guardian or take other protective action, which might include following the statute.

Currency note

This opinion was issued in 1987, 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 Treat this page as historical context, not current guidance.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. Washington's former RPC 1.13 (cited here for protective action involving a client who cannot adequately act in their own interest) corresponds to ABA Model Rule 1.14 (client with diminished capacity) and was renumbered RPC 1.14 in Washington's 2006 revisions; confirm the current rule and citation before relying on it.

Common questions

Q: Can a lawyer report a client who is abusing a vulnerable adult?

A: The committee concluded that if the lawyer represents the apparent abuser, RPC 1.6 prohibits disclosure unless an exception applies, such as the provision permitting disclosure of confidences necessary to prevent a client from committing a crime.

Q: Does RCW 74.34's permission to report override the duty of confidentiality?

A: Not by itself. The committee treated the statute's reporting permission as still subject to RPC 1.6; the lawyer's analysis runs through the rule's exceptions, not around them.

Q: What if the lawyer represents the abused person and that person asks for no disclosure?

A: The committee said RPC 1.6 applies, but the lawyer should also consider RPC 1.13(b): where the lawyer reasonably believes the client cannot adequately act in their own interests, the lawyer may seek a guardian or take other protective action, which might include following the statute.

Background and rules framework

The opinion applied RPC 1.6 (confidentiality of information, corresponding to ABA Model Rule 1.6) and RPC 1.13(b) (then Washington's rule for a client under a disability, corresponding to ABA Model Rule 1.14 on clients with diminished capacity). The statutory backdrop was RCW Chapter 74.34, which the committee described as permitting reports of vulnerable-adult abuse with good-faith immunity. The committee read the permissive statute as not displacing the lawyer's confidentiality duty.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality of information); Washington RPC 1.6
• ABA Model Rule 1.14 (client with diminished capacity); Washington RPC 1.13(b)

Statutes:

• RCW Chapter 74.34 (abuse of vulnerable adults; permissive reporting and good-faith immunity)

See also

• WSBA Ethics Op. 1011: Client Who Threatens Suicide
• WSBA Ethics Op. 1204: Plea Deal for a Disabled Client
• WSBA Ethics Op. 960: Minor Client and Withdrawal

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1126

Original opinion text

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

Advisory Opinion: 1081
Year Issued: 1987
RPC(s): RPC 1.6; 1.13(b); RCW 74.34
Subject: Client confidence or secret; lawyer's obligation to report abuse of vulnerable adults

The Committee considered your inquiry concerning a lawyer's ethical obligation in light of RCW Chapter 74.34 which states that lawyers may report information concerning abuse of vulnerable adults, and that anyone acting in good faith in making such a report is immune from liability. The Committee was of the opinion that if the lawyer represented the apparent abuser, then disclosure of such a fact would be prohibited by Rule 1.6 of the Rules of Professional Conduct unless if fell within of the exceptions listed in that rule, most specifically the provision that a lawyer may reveal confidences necessary to prevent a client from committing a crime.

The Committee was further of the opinion that if a lawyer learned of an apparent abuser from another client, and the client requested that the lawyer not disclose such a fact, again the provisions of RPC 1.6 would apply.

If the lawyer represented the abused person and the abused person requested no disclosure, the same rule would apply. However, in that case the lawyer should also consider the provisions of RPC 1.13(b), which provides that when a lawyer reasonably believes that a client cannot adequately act in the client's own interests, the lawyer may seek the appointment of a guardian or take other protective action with respect to the client, which might include following the provisions of the statute.