Advisory Opinion: 1654

Year Issued: 1996

RPC(s): RPC 1.2(d); 3.3

Subject: Assisting commission of crime; representing deported felon

The Committee reviewed your inquiry regarding representing a deported felon in open court in a child dependency case. The question of whether the act of representing a deported felon in open court constitutes assisting the client in the commission of a crime is a legal question, beyond the scope of this Committee. If, as a matter of substantive law, representation of a client who has illegally returned to this country does constitute assisting in the commission of a crime, then the representation is prohibited under RPC 1.2(d) and RPC 3.3. The inquirer does not ask the Committee's opinion regarding the issue of client confidentiality under RPC 1.6, and the Committee makes no comment regarding this issue.

The Committee notes there are several unknown variables which may impact the answer to this inquiry. For example, it is unknown what actual assistance is contemplated or whether illegal re-entry is considered an ongoing criminal activity. It is also unknown whether the client's illegal entry would be considered a material fact in the court proceedings under RPC 3.3.

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.