Must a criminal defense lawyer give the client information from a police report marked not to be disclosed?

Plain-English summary

The inquiry concerned a lawyer's obligation in a criminal case to disclose to a client information from a police report that indicates the information is not to be disclosed. After considerable discussion, the committee was of the opinion that both the prosecutor and the defense lawyer have an obligation to review police reports and other similar materials before disclosure to defendants, pursuant to RPC 1.1 and 1.4.

The committee was further of the opinion that both prosecutors and defense lawyers have an obligation not to disclose information that may be harmful to the administration of justice, pursuant to RPC 8.4(d).

Currency note

This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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: Must a defense lawyer hand the client everything in a police report?

A: Under this 1990 opinion, no automatically; the committee was of the opinion that both prosecutors and defense lawyers must review police reports and similar materials before disclosure to defendants under RPC 1.1 and 1.4.

Q: Can a lawyer withhold parts of a police report from the client?

A: The committee was of the opinion that both prosecutors and defense lawyers have an obligation not to disclose information that may be harmful to the administration of justice, under RPC 8.4(d).

Q: Does this apply to prosecutors as well as defense counsel?

A: Yes. The committee framed both obligations as applying to both prosecutors and defense lawyers.

Background and rules framework

At the time of this opinion, Washington's RPC 1.1 required competent representation, RPC 1.4 required keeping a client reasonably informed, and RPC 8.4(d) prohibited conduct prejudicial to the administration of justice, the subjects the Model Rules place in Rules 1.1, 1.4, and 8.4. The committee balanced the duty to inform the client against the duty not to disclose material harmful to the administration of justice, requiring a review of the materials before disclosure.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.1 (competence)
• ABA Model Rule 1.4 (communication)
• ABA Model Rule 8.4(d) (conduct prejudicial to the administration of justice)
• Washington RPC 1.1, 1.4, 8.4(d)

See also

• WA Ethics Op. 1345: Client's Decision on Jury Instructions

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=439

Original opinion text

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

The Committee reviewed your inquiry concerning the obligation of a lawyer in a criminal case to disclose information to a client from a police report which indicates that the information is not to be disclosed. After considerable discussion, the Committee was of the opinion that both the prosecutor and the defense lawyer have an obligation to review police reports and other similar materials prior to disclosure to defendants pursuant to RPC 1.1 and 1.4. Further, the Committee was of the opinion that both prosecutors and defense lawyers have an obligation not to disclose information that may be harmful to the administration of justice pursuant to RPC 8.4(d).