LEO: Criminal Law - Duty to Disclose LE Op. 386
Criminal Law - Duty to Disclose.
August 29, 1980
An attorney representing a defendant in a criminal matter has no
obligation to reveal to the Commonwealth's Attorney the whereabouts of a
weapon discovered during his investigation, when the attorney did not
remove or take steps to conceal the weapon. [See II: DR:4-101(B); DR:7-
102(A)(7) and (8); and DR:7-108(A).] If the attorney determined to
disclose the existence of a weapon, the attorney's client should be
informed prior to any disclosure. [See II: DR:4-101(C)(1).] The attorney
has no duty, however, to protect a third party who is not his client who
may become involved in removal or concealment of such weapon.
Committee Opinion August 29, 1980