Must a defense lawyer tell the court that a client is violating the conditions of a pretrial release order?
Apply this to your situation
This page answers the general question as of 1991. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned whether a lawyer has an obligation to advise the court that a criminal defendant is violating the conditions of a court order releasing the client from custody. The committee was of the opinion, with one dissent, that the lawyer could not disclose such information except in compliance with RPC 1.6.
Currency note
This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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: Does a defense lawyer have to report a client's violation of release conditions to the court?
A: Under this 1991 opinion, no, except as RPC 1.6 permits; the committee was of the opinion, with one dissent, that the lawyer could not disclose the violation otherwise.
Q: Was the committee unanimous?
A: No. The opinion records one dissent from the conclusion.
Background and rules framework
At the time of this opinion, Washington's RPC 1.6 governed confidentiality of client information, the subject the Model Rules place in Rule 1.6. The committee treated a client's violation of release conditions as protected client information that the lawyer could disclose only as that rule allowed, over one member's dissent.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.6 (confidentiality of information)
- Washington RPC 1.6
See also
- WA Ethics Op. 1387: Client Confidences During an IRS Audit
- WA Ethics Op. 1359: Disclosing Police Reports to a Criminal Defendant
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=468
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning whether a lawyer has an obligation to advise the court that a criminal defendant is violating the conditions of a court order releasing the client from custody. The Committee was of the opinion, with one dissent, that the lawyer could not disclose such information except in compliance with RPC 1.6.
Get today's answer for your situation
You just read a 1991 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.