Lawyers have plenty of resources regarding conduct within the confines of our client relationships, offices and courtrooms, but what about in the community at large? The facts that led me down this murky path of inquiry are almost too bizarre to believe.
I live in a quiet neighborhood with well-maintained homes and yards. The neighbors know and watch out for one another.
About a year ago, a man and a woman parked a large travel trailer on an empty lot owned by someone out-of-state. Both of them used several aliases and could not keep them straight. They both asked a lot of questions, but evaded all personal questions. The woman did not have a driver’s license or an ID card. Their truck had expired tabs. They carried their money around in Zip-Loc bags and did not have checking accounts. Items started disappearing from neighbors’ yards.
The woman appeared friendly, chatty and non-threatening. She ingratiated herself with some people on my street by appearing in yards and weeding or pruning plants. I noticed that when weeding and pruning, she looked around intently and asked a lot of questions about the houses, the occupants, ownership (title) and value. Some people she did this with told her to leave. Others welcomed her into their yards; these people were wealthy, alone and either elderly or disabled.
After several months, some of my neighbors approached me. They wanted to alert the authorities. They were concerned about the people in the trailer and their “friendships” with our most wealthy and vulnerable neighbors.
I did a risk analysis of the situation and evaluated the “do nothing” and “talk to the neighbors who may be in danger” scenarios. Asking myself, “Do I have an ethical obligation to warn my neighbors of possible risks?”, led me to seek answers.
The Preamble to the ABA Model Rules states that “lawyers should further the public’s understanding of and confidence in the rules of law and the justice system.” This resonated with me. The vulnerable people who may be at risk of being taken advantage of had the right to know of the possible dangers, the possible crimes that were being committed, and the protections available to them.
Rule 1.6(b)(1) of the Rules of Professional Responsibility states that “[a] lawyer shall reveal information relating to the representation of a client to prevent reasonable certain death or substantial bodily harm.” I looked at Tarasoff1 again, even though my neighbors are not my “clients” and the facts in Tarasoff are very different than the facts of my situation.
I decided that I did not have a duty to do anything about the situation. I considered the “do nothing” option and thought about what may happen in a year or so. The woman may have keys to my vulnerable neighbors’ homes, work in their yards, stop by often to chat, share meals with them and know a lot of personal details. I asked myself if I could stay silent and live with whatever would happen to those people. I asked myself if I had a moral/ethical duty to warn them.
I considered the fact that I am highly educated, well-trained. I thought about what I say to my high school and college students about risk and ethics. I recalled past conversations with clients about risks in their business practices. I have to walk my talk if I want my students and clients to believe in me and my abilities to assist them with their endeavors.
I decided to talk to the neighbors I had some sort of relationship with. I only relayed direct experiences and observations. I talked with one neighbor who was a past client. He dismissed my concerns. I talked to two other neighbors whom I had helped move some large items a few times. They also dismissed my concerns.
This is an odd fact pattern, but it brings up a valid ethical question that I ask myself from time to time. What do you think? Do you, as an attorney, have a duty of care (due to education, training and experience) to help people in your personal life? If you see someone hit a child in a store or at a mall, do you call CPS? (If you are admitted in Oregon, you are required to, even if the incident does not occur in Oregon.)
If you suspect that someone is taking advantage of a wealthy, vulnerable person, do you assess the situation and either warn that person or call the authorities? If you suspect that a friend is being sexually harassed at work, do you say anything? If you have been tested for a highly contagious disease (like TB), would you place yourself in close quarters with people and possibly expose them to your possible illness?
Think about it.
Karen L. Hallis is an attorney, business consultant and educator. You can contact her at Karen@karenhallis.com.
1Tarasoff v. Regents of the University of California, 17 Cal.3d 425 (1976).
