My client told me a third person confessed to a murder to the client. The confession has nothing to do with my representation. Do I have to report it?

Plain-English summary

The inquiring attorney asked whether the attorney must disclose information concerning a murder allegedly committed by a third person, A, who admitted committing the crime to the attorney's client. The client stated that A was the victim's "pimp" and that the victim was a prostitute who owed money to A. The attorney had read about the murder in the newspaper.

The panel took the position that the attorney may, but is not obligated to, disclose this information to the proper authorities. It reasoned that no attorney-client privilege attaches to a statement made by a third person to the client concerning a matter totally unrelated to the representation of the client, so the statement is not confidential. Because the statement is not confidential, the Rhode Island Rules of Professional Conduct do not prohibit the attorney from revealing the information. The panel added that it was not aware of any legal authority that would form a basis for imposing on the attorney an affirmative duty to inform the authorities of A's admissions.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, including the confidentiality rule. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific guidance mentioned here.

Common questions

Q: Must I report a third person's confession that my client relayed to me?

A: Under this opinion, no. The panel concluded the attorney may, but is not obligated to, disclose the information, and was aware of no authority imposing an affirmative duty to report it.

Q: Is the third person's statement privileged or confidential?

A: Per the opinion, no. The panel reasoned that no attorney-client privilege attaches to a third person's statement to the client about a matter totally unrelated to the representation, so the statement is not confidential.

Q: May I disclose it if I choose to?

A: Per the opinion, yes. Because the statement is not confidential, the Rhode Island Rules of Professional Conduct do not prohibit the attorney from revealing it.

Background and rules framework

The opinion does not cite a numbered Rule of Professional Conduct. It turns on the scope of the attorney-client privilege and of confidentiality: because the third person's admission was unrelated to the representation and not a privileged client communication, the panel treated it as outside the information the rules protect, leaving disclosure permitted but not required and finding no affirmative duty to report.

Citations and references

Rules of Professional Conduct:

• None cited by number. The opinion reasons from the scope of the attorney-client privilege and confidentiality.

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-36: Deposing Counsel and a Former Joint Client Conflict
• RI EAP Op. 91-39: Disclosing an Adverse Change in the Criminal Law

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-46.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-46, Request #166
Issued July 18, 1991

An attorney seeks Panel opinion as to whether the attorney must disclose information concerning a murder allegedly committed by a third person, (A), who admitted having committed the crime to the attorney's client. The client stated that A was the victim's "pimp" and the victim was a prostitute who owed money to A. The attorney indicates that he/she has read about the murder in the newspaper.

The Panel takes the position that the attorney may, but is not obligated to, disclose this information to the proper authorities. No attorney-client privilege attaches to a statement made by a third person to the client concerning a matter totally unrelated to the representation of the client. Therefore, the statement is not "confidential." Because the statement is not confidential, the Rhode Island Rules of Professional Conduct do not prohibit the attorney from revealing this information. The Panel is not aware of any legal authority which would form a basis for imposing upon the attorney an affirmative duty to inform the authorities of A's admissions.