LEO: Attorney/Client - Confidences  LE Op. 929


Attorney/Client - Confidences and Secrets.


June 24, 1987


An attorney's client has failed to appear for trial on eight felony

counts, a capias has been issued, and the attorney has subsequently

received an unsolicited letter with no return address but bearing the post

mark of a major city outside Virginia. Client has stated his intention to

remain a fugitive and leave the United States and stated that the attorney

can contact the client through a member of the client's family. It is

improper, given the above, for the attorney to reveal the intention of his

client to leave the country. The committee opines that a "continuing wrong

," as in this situation, does not fall into the category of DR:4-101(D)(

1) and, therefore, is a privileged communication. It is proper, and the

committee does advise, that the attorney advise his client of the

additional legal consequences of his continued actions and to urge the

client not to continue the wrong. [ DR:4-101(B), DR:4-101(D)(1); ABA

Formal Opinion 155, Commonwealth v. Maguigan, 511 At. 2d 1327, 1333 (Pa) (

Pa. 1986)]


Committee Opinion June 24, 1987




See also LE Op. 1316, and LE Op. 1324.