An attorney is defending a client accused of a serious felony. The client informs the attorney that they intend to flee the jurisdiction immediately after trial, regardless of the outcome, to avoid potential sentencing or further legal action. The attorney did not assist in or encourage this decision. What is the attorney's ethical obligation regarding the client's stated intent to flee?
- AThe attorney must immediately withdraw from the representation.
- BThe attorney must inform the court or law enforcement of the client's intent to flee.
- CThe attorney may disclose the information if it's necessary to prevent a future crime.
- DThe attorney must maintain the confidentiality of the client's statement.
Show answer & explanationAnswer & explanation
Correct answer: D. The attorney must maintain the confidentiality of the client's statement.
The duty of confidentiality generally applies to all information relating to the representation. While fleeing jurisdiction is a crime, most jurisdictions do not include 'flight to avoid justice' as an exception to confidentiality, unless it involves preventing reasonably certain death or substantial bodily harm, or substantial financial injury to another from a client crime/fraud. Simply fleeing to avoid sentencing, while illegal, does not typically trigger a permissive disclosure under Rule 1.6(b).
Why the other options are wrong
- A. Withdrawal might be permissible or even mandatory if the client insists the attorney assist in the flight, but merely knowing the intent to flee does not, by itself, require or permit disclosure.
- B. Disclosing this information would violate the duty of confidentiality, as it doesn't fall under a recognized exception in most jurisdictions.
- C. While fleeing is a crime, it typically does not satisfy the 'prevent reasonably certain death or substantial bodily harm' or 'substantial financial injury to another' thresholds for permissive disclosure under Rule 1.6(b).
Confidentiality: Client's Future Crime
A lawyer's duty of confidentiality generally extends to a client's stated intent to commit a future crime, unless that crime falls under specific exceptions, such as preventing death, substantial bodily harm, or certain financial crimes.
- Not all future crimes trigger disclosure exceptions.
- Fleeing jurisdiction is often not a recognized exception.
- The 'reasonably certain death/harm' exception is narrow.
Memory trick: Future crime? Check exceptions, then stay silent.