LEO: Criminal Law - Duty to Disclose  LE Op. 386

 

Criminal Law - Duty to Disclose.

 

August 29, 1980

 

An attorney representing a defendant in a criminal matter has no

obligation to reveal to the Commonwealth's Attorney the whereabouts of a

weapon discovered during his investigation, when the attorney did not

remove or take steps to conceal the weapon. [See II: DR:4-101(B); DR:7-

102(A)(7) and (8); and DR:7-108(A).] If the attorney determined to

disclose the existence of a weapon, the attorney's client should be

informed prior to any disclosure. [See II: DR:4-101(C)(1).] The attorney

has no duty, however, to protect a third party who is not his client who

may become involved in removal or concealment of such weapon.

 

Committee Opinion August 29, 1980