Advisory Opinion: 1495

Year Issued: 1992

RPC(s): RPC 3.4(a); 4.4

Subject: Lawyer's duty to turn over evidence given to criminal defense lawyer by client

The Committee reviewed your inquiry concerning a diary which your client, who is charged with rape of his daughter, gave to you. The diary had been kept by the daughter. You state that you do not know how the client obtained the diary. Child Protective Services has removed the daughter from the client's custody. You ask whether you are permitted to open the diary, and if so, whether you would be obligated to turn it over to the prosecuting attorney if it contained incriminating evidence.

After considerable discussion, the Committee was of the opinion that it did not have enough facts to be able to answer your question. However, the Committee concluded that your conduct would be governed by RPC 3.4(a) and RPC 4.4, and suggests you review those rules for guidance.

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.