Advisory Opinion: 1126

Year Issued: 1987

RPC(s): RPC 1.2(d)

Subject: Assisting client in criminal act; notifying minor children of parent's personal injury action

[The lawyer represented a client in a personal injury case. The client had minor children who resided with his ex-wife; the client had had no contact with the children for years. The lawyer inquired regarding his obligation to notify the custodial parent of the personal injury action.] After considerable discussion, it was the opinion of the Committee that disclosure of the existence of the minor children would be required to the extent non-disclosure would amount to assisting the client in conduct that the lawyer knows is criminal. RPC 1.2(d) . Whether or not the lawyer's conduct is assisting or aiding and abetting, the crime of family abandonment, RCW 26.20.030, is a legal question, however, which the Committee cannot answer.

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.