When is it a Crime to not report a Crime

[Campion]

@Whack-a-Mole

This covers the legal aspect of it but does the Bar Association say anything about this (be it state or national)? That is, while you may not be prosecuted for failing to report a client’s intention to commit a crime could you be disbarred?

No, I could not be prosecuted or disbarred for failing to report a client’s intention to commit a crime. In fact, I cited to the Rules of Professional Conduct, which are the ethical rules passed by the bar, not to “the law.” From Rule 1-100(a):

The following rules are intended to regulate professional conduct of members of the State Bar through discipline. They have been adopted by the Board of Governors of the State Bar of California and approved by the Supreme Court of California pursuant to Business and Professions Code sections 6076 and 6077 to protect the public and to promote respect and confidence in the legal profession. These rules together with any standards adopted by the Board of Governors pursuant to these rules shall be binding upon all members of the State Bar.

Thus, the rule I cited was an ethical rule, not a legal rule (the law that would govern would be the sections of the Business and Professions Code governing the attorney-client privilege). As the Rules make plain:

These rules are not intended to create new civil causes of action. Nothing in these rules shall be deemed to create, augment, diminish, or eliminate any substantive legal duty of lawyers or the non-disciplinary consequences of violating such a duty.

Thus, as a member of the bar, my duty is to obey both the law and the ethical rules. Violation of the law (particularly if it is a crime involving moral turpitude) could get me disbarred; violaton of an ethical rule similarly could be grounds for disbarment.

I think your question is whether my legal duty ever conflicts with my ethical duty. It’s an interesting question, and I’d suggest you may find some takers in GD. Although I suspect that the discussion would end up being about Sarbanes-Oxley, which can require a lawyer in certain jurisdictions to violate ethical rules to satisfy SOX requirements, in my (admittedly under-educated) opinion.

[Quartz]

@Suburban Plankton

Are you certain of this? It seems to be a very silly rule.

No. That’s why I said that I wasn’t sure. But killing is rare, so when the priest tells the police that someone has confessed to a murder, the police probably know the victim’s name - or will do shortly.