Volume 11, No. 1 | January 3, 2012

eye on ethics

Q: My client gave me a gun for safekeeping. I now believe this gun has possible evidentiary value in his pending criminal case. What should I do with it?

A: In the future, you should avoid taking possession of property with possible evidentiary value. Now that you possess it, ER 3.4(a) most likely requires you to turn it over to the authorities. This may also create a conflict of interest between you and your client.

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