When a bench warrant is out for a client who is coming in to consult, does a South Carolina lawyer have to notify the authorities of the client's anticipated whereabouts?

Plain-English summary

A bench warrant had been issued for a lawyer's client, who was coming in to consult. The lawyer would inform the client of the warrant, explain it, and advise the client to turn himself in. The lawyer asked whether he had an affirmative duty to notify the authorities of the client's anticipated whereabouts, both where the client knew of the warrant and planned to appear and where the client did not plan to appear.

The committee concluded the lawyer is under no duty to reveal the client's whereabouts to the tribunal absent the client's intent to commit a criminal act. It anchored the answer in the Preamble's confidentiality principle and Rule 1.6, which bars revealing information relating to the representation absent consent or an applicable exception, including the exception permitting disclosure to prevent the client from committing a criminal act. The committee emphasized that holding client information inviolate facilitates full development of the facts and encourages people to seek early legal assistance and to communicate fully, even about embarrassing or damaging matters. Because there was no reason to believe a crime was going to be committed on the facts presented, the lawyer had no affirmative duty to notify the tribunal of the client's location.

Currency note

This opinion was issued in 1997, before the South Carolina Bar's adoption of the 2005 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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 rule, deadline, or requirement mentioned here.

Common questions

Q: Must a lawyer tell authorities where a client subject to a bench warrant is?

A: The committee concluded no. Absent the client's intent to commit a criminal act, the lawyer has no affirmative duty to reveal the client's whereabouts to the tribunal, because Rule 1.6 confidentiality controls.

Q: Does it matter whether the client plans to appear?

A: On the facts presented, the committee found no reason to believe a crime would be committed in either situation, so it concluded there was no affirmative duty to notify the tribunal of the client's location.

Q: When could disclosure be permitted?

A: The committee pointed to Rule 1.6's exception allowing a lawyer to reveal information to the extent reasonably believed necessary to prevent the client from committing a criminal act.

Background and rules framework

The opinion applied Rule 1.6 (confidentiality of information), corresponding to the like-numbered Model Rule, including its exception permitting disclosure to prevent a client's criminal act, and drew on the Preamble to the South Carolina Rules of Professional Conduct.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 1.6 / Model Rule 1.6: confidentiality of information, including the prevent-criminal-act exception.
• South Carolina Rules of Professional Conduct, Preamble (Rule 407, SCACR): a lawyer's responsibilities and the confidentiality principle.

See also

• SC Bar Ethics Op. 97-22: Outside Bill Auditors
• SC Bar Ethics Op. 97-08: Email Confidentiality

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-97-23/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.

Ethics Advisory Opinion 97-23

A bench warrant has been issued for Lawyer's client, and Client is coming in to consult with Lawyer. Lawyer questions whether there is an affirmative duty to notify the authorities as to Client's anticipated whereabouts. Presume Lawyer will inform the client of the bench warrant, explain the warrant to the client and advise the client to turn himself in

Questions:

1. Does Lawyer have an affirmative duty to notify the authorities as to the clients anticipated whereabouts if the client is aware of the bench warrant and plans to appear for the trial?
2. Does Lawyer have an affirmative duty to notify the authorities if the client is aware of the bench warrant and does not plan to appear for the trial?

Summary:
Lawyer is under no duty to reveal Client's whereabouts to the tribunal, absent Client's intent to commit a criminal act.

Opinion:
In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct of other law. PREAMBLE: A LAWYER'S RESPONSIBILITIES Rule 407, SCACR, Rules of Professional Conduct.

These rules further provide:
(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b).
(b) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary.
(1) To prevent the client from committing a criminal act...Rule 407, SCACR, Rules of Professional Conduct, Rule 1.6, CONFIDENTIALITY OF INFORMATION

Under the facts submitted, the observance of the ethical obligation of a lawyer to hold inviolate confidential information of the client not only facilitates the full development of facts essential to the proper representation of the client but also encourages people to seek early legal assistance.

A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter.

In this described fact situation, there is no reason to believe a crime is going to be committed; therefore, Lawyer has no affirmative duty to notify the tribunal of Client's location.