2011

  • Opinion 11-04

    Summary: Some information acquired by a lawyer in the course of briefly representing the residuary beneficiary under a will that she drew for the decedent is not protected confidential information because it is "generally known." Other information, not "generally known," is confidential information that may not be revealed. However, the attorney who drew the will has the right to disclose to specific legatees that they are named beneficiaries so that they may take steps to see that the decedent's wishes are carried out. Such disclosure is "implicitly authorized" by Rule 1.6(a) of the Rules of Professional Conduct to carry out the wishes of the decedent, lawyer's former client.

  • Opinion 11-03

    Summary: As a general proposition it is not a violation of Rules 4.2 and 8.4(a) for a lawyer to advise her client to urge another person to release an attachment on the client's property, even though the other person is represented by counsel. The lawyer would, however, violate Rule 4.2 if she handed the other person a release of the attachment without first obtaining  the permission of the other person's lawyer.

  • Opinion 11-02

    Summary: If a lawyer appointed by the court to represent an indigent criminal defendant comes to know that his client filed an intentionally false affidavit of indigency, the lawyer may choose to serve without compensation. If he chooses not to do so, and the client refuses to rectify the fraud, the lawyer must seek to withdraw in accordance with the Rule 3.3(e) procedure and disclose the fraud in connection with his motion.

  • Opinion 11-01

    Summary: An attorney who cannot perform the terms of an escrow arrangement because of the failure of his client, who has cut off communication, to deliver all the items promised has good cause to notify his client of his intention to withdraw. He should also notify both parties that because of the failure to consummate the settlement, unless the parties instruct him jointly concerning disposition of the items he is holding, or unless one party takes action to obtain court instructions, the attorney shall decide whether to file a bill of interpleader himself or take such other action as seems appropriate at the time.

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