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?

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