Ethics Question of the Week: What can I do if client says they are going to harm opposing party?
Q. My client recently informed me that they would harm the opposing party if they had the opportunity. Do I have any duty to inform anyone of this?
A. ILPC 1.6 prevents a lawyer from revealing information relating to the representation of a client. However, a lawyer may reveal information if the lawyer reasonably believes it is necessary to prevent the client from committing a crime. Note that IRPC 1.6(c), unlike the ABA Model Rules and many other jurisdictions, requires a lawyer to reveal information if the lawyer reasonably believes it is necessary to prevent reasonably certain death or substantial bodily harm. For more information, see ISBA Advisory Opinion 12-08.
ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.
[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]
Member Comments (1)
The comment is correct. The situation for lawyers is similar to that for psychiatrists in the Tarasoff v. Board of Regents case (17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976))-- there is a duty to warn if clients threaten third parties with bodily harm. Lawyers who do not warn would therefore have an exposure to civil liability if such third parties are harmed.