Must a lawyer in a client's personal injury case disclose the existence of the client's minor children to the custodial parent?

Plain-English summary

The inquiry came from a lawyer handling a client's personal injury case. The client had minor children who lived with his ex-wife, and the client had had no contact with the children for years. The lawyer asked about his obligation to notify the custodial parent of the personal injury action.

After considerable discussion, the committee was of the opinion that disclosure of the existence of the minor children would be required to the extent that non-disclosure would amount to assisting the client in conduct the lawyer knows is criminal, citing RPC 1.2(d).

The committee stopped short of the legal conclusion. Whether or not the lawyer's conduct would be assisting or aiding and abetting the crime of family abandonment under RCW 26.20.030 was a legal question the committee could not answer. The duty to disclose was tied to the criminal-assistance prohibition, and the predicate (whether silence would in fact assist a crime) was left to be resolved as a matter of law.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 1.2(d) corresponds to Model Rule 1.2(d) and was carried forward, with revised wording, in the current rules. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or statute mentioned here.

Common questions

Q: Does a lawyer have to tell the other side that a personal injury client has minor children?

A: Per the opinion, disclosure of the existence of the minor children would be required to the extent that non-disclosure would amount to assisting the client in conduct the lawyer knows is criminal, under RPC 1.2(d).

Q: Did the committee decide whether withholding that information is itself a crime?

A: No. Whether the lawyer's conduct would amount to assisting or aiding and abetting the crime of family abandonment under RCW 26.20.030 was a legal question the committee could not answer.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 1.2(d), corresponding to Model Rule 1.2(d), which bars a lawyer from assisting a client in conduct the lawyer knows is criminal or fraudulent. The committee framed the disclosure obligation through that prohibition: disclosure would be required only to the extent that non-disclosure would amount to assisting criminal conduct. Whether non-disclosure in the personal injury action would in fact constitute assisting the crime of family abandonment, RCW 26.20.030, was treated as a legal question the committee declined to resolve.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.2(d) (a lawyer may not assist a client in conduct the lawyer knows is criminal or fraudulent), corresponding to Model Rule 1.2(d).

Statutes:

• RCW 26.20.030 (family abandonment).

See also

• ABA Formal Op. 491: avoiding counseling or assisting a client's crime or fraud
• ABA Formal Op. 92-366: noisy withdrawal to avoid assisting a client's fraud
• ABA Formal Op. 463: client due diligence and money laundering

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=206

Original opinion text

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

Advisory Opinion: 1126
Year Issued: 1987
RPC(s): RPC 1.2(d)
Subject: Assisting client in criminal act; notifying minor children of parent's personal injury action

[The lawyer represented a client in a personal injury case. The client had minor children who resided with his ex-wife; the client had had no contact with the children for years. The lawyer inquired regarding his obligation to notify the custodial parent of the personal injury action.] After considerable discussion, it was the opinion of the Committee that disclosure of the existence of the minor children would be required to the extent non-disclosure would amount to assisting the client in conduct that the lawyer knows is criminal. RPC 1.2(d) . Whether or not the lawyer's conduct is assisting or aiding and abetting, the crime of family abandonment, RCW 26.20.030, is a legal question, however, which the Committee cannot answer.