Is a client's whereabouts confidential, so a lawyer can't just give it to the FBI looking for the client on an abduction warrant?

Plain-English summary

The lawyer represented a husband and wife in a tort action. The clients separated, and a warrant was issued for the husband for abducting their child. The FBI contacted the lawyer seeking information on the husband's whereabouts.

The committee was of the opinion that the whereabouts of a client falls within the protections of RPC 1.6 concerning client confidences or secrets and can only be disclosed pursuant to the provisions of that rule. The committee further understood that the lawyer had determined to cease representation of either the husband or the wife in this situation.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules then numbered RPC 1.6 (confidentiality) and RPC 1.7 (conflicts) correspond to Model Rules 1.6 and 1.7 and have since been amended, including changes to the confidentiality exceptions. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a lawyer tell the FBI where a client is when there's a warrant for the client?

A: Per the opinion, only as RPC 1.6 permits. The committee was of the opinion that a client's whereabouts falls within RPC 1.6's protections for confidences and secrets and can be disclosed only pursuant to that rule.

Q: Is a client's location treated as a confidence even though it isn't legal advice?

A: Yes. The committee was of the opinion that the whereabouts of a client falls within the protections of RPC 1.6 concerning client confidences or secrets.

Q: What did the lawyer decide to do about the joint representation?

A: The committee understood that the lawyer had determined to cease representation of either the husband or the wife in this situation.

Background and rules framework

The opinion applies the rules then numbered Washington RPC 1.6 (confidentiality of information) and RPC 1.7 (conflict of interest), corresponding to Model Rules 1.6 and 1.7. The committee treated the client's whereabouts as protected information under RPC 1.6 that may be disclosed only as the rule allows, and noted the lawyer's decision to withdraw from representing either of the formerly joint spouse-clients.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6.
• Washington RPC 1.7 (conflict of interest; general rule), corresponding to Model Rule 1.7.

See also

• WSBA Ethics Op. 1196: limits on disclosure of information over a client's objection
• WSBA Ethics Op. 1206: what to tell a third party when a client disappears
• WSBA Ethics Op. 940: contacting the former spouse of an opposing party for information

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=293

Original opinion text

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

Advisory Opinion: 1213
Year Issued: 1988
RPC(s): RPC 1.6; 1.7
Subject: Client confidence or secret; whereabouts of client

[The lawyer represented a husband and wife in a tort action. The clients separated, and a warrant was issued for the husband for abducting their child. The FBI contacted the lawyer seeking information on the husband's whereabouts.] The Committee was of the opinion that the whereabouts of a client falls within the protections of RPC 1.6 concerning client confidences or secrets and can only be disclosed pursuant to the provisions of that rule. The Committee further understood that you had determined to cease representation of either the husband or wife in this situation.