UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER鈥橲 CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 97-23
A bench warrant has been issued for Lawyer's client, and Client is coming in to consult with Lawyer. Lawyer questions whether there is an affirmative duty to notify the authorities as to Client's anticipated whereabouts. Presume Lawyer will inform the client of the bench warrant, explain the warrant to the client and advise the client to turn himself in
Questions:
1. Does Lawyer have an affirmative duty to notify the authorities as to the clients anticipated whereabouts if the client is aware of the bench warrant and plans to appear for the trial?
2. Does Lawyer have an affirmative duty to notify the authorities if the client is aware of the bench warrant and does not plan to appear for the trial?
Summary:
Lawyer is under no duty to reveal Client's whereabouts to the tribunal, absent Client's intent to commit a criminal act.
Opinion:
In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct of other law. PREAMBLE: A LAWYER'S RESPONSIBILITIES Rule 407, SCACR, Rules of Professional Conduct.
These rules further provide:
(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b).
(b) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary.
(1) To prevent the client from committing a criminal act...Rule 407, SCACR, Rules of Professional Conduct, Rule 1.6, CONFIDENTIALITY OF INFORMATION
Under the facts submitted, the observance of the ethical obligation of a lawyer to hold inviolate confidential information of the client not only facilitates the full development of facts essential to the proper representation of the client but also encourages people to seek early legal assistance.
A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter.
In this described fact situation, there is no reason to believe a crime is going to be committed; therefore, Lawyer has no affirmative duty to notify the tribunal of Client's location.