Advisory Opinion: 1359

Year Issued: 1990

RPC(s): RPC 1.1; 1.4; 8.4(d)

Subject: Communication with client; disclosure of police reports to criminal defendant

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).

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.