Opinion 1081

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.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.