Hawkins v. King County
Washington Court of Appeals
602 P.2d 361 (1979)
Michael Hawkins (plaintiff) was arrested for marijuana possession, and Richard Sanders (defendant) was appointed as his attorney. Hawkins never told Sanders about any plan to hurt anyone — he only asked for help getting released on bail. Separately, though, another attorney hired by Hawkins's mother, along with a psychiatrist, warned Sanders that Hawkins was mentally ill and dangerous and should not be released. Sanders did not raise any of this at Hawkins's bail hearing, and Hawkins was released. Shortly after, Hawkins assaulted his mother and attempted suicide. Hawkins and his mother sued several parties, eventually adding Sanders and claiming he committed malpractice by failing to disclose what he knew about Hawkins's mental state. The trial court granted summary judgment dismissing Sanders, and Hawkins appealed.
Whether an attorney must disclose to a third party information suggesting his client is dangerous when the client himself never revealed any intent to commit violence, but other people warned the attorney of that danger.