Ethics Committee Advisory Opinion #1984/5-12
March 12, 1985
An attorney is under no duty to inform the authorities of a past probation violation by a client, and in fact is prohibited from doing so without the client’s consent. (DR4-101(b)(1); DR4-101(c)(3)).
An attorney may continue to represent a client where, during the course of that representation, the attorney learns that the client has, in the past, committed a probation violation. (DR4-101(b)(1); DR4-101(c)(3); DR7-102(a)(7)).
Does the attorney have a duty to inform any authorities of the client’s violation of his probation; may the attorney continue to represent the client in the proceedings; and, if so, under what conditions?