1990

  • Opinion No. 90-3
    Summary: In certain limited circumstances, a lawyer may represent a bank and close institutional mortgage loans when the borrower is also the lawyer's client provided the attorney has carefully reviewed the loan documents and found no apparent unresolved disqualifying conflicts between the interests of the borrower and the lender and if the attorney has obtained the informed consent of both borrower and lender after full disclosure. The committee believes that it is "obvious" that the attorney can adequately represent the interests of each in connection with such limited duties. The lawyer must stop the multiple representation if either party revokes consent, or it otherwise becomes clear during the multiple representation that the lawyer cannot adequately represent the interests of each party.
  • Opinion No. 90-2
    Summary: A lawyer discovers that a client, whom he represented a few years ago in a case involving criminal assault upon several young children in the client's care, has obtained a similar job caring for disturbed young children. If the lawyer believes, based on all the information in his possession, including information gained in the prior representation, that the client's proclivities rise to the level of "intention" to commit a crime against the children currently committed to his care, he may reveal that intention to the appropriate persons as well as information sufficient to prevent the crime, if he is unable to persuade the former client to make the appropriate disclosure.
  • Opinion No. 90-1
    Summary: If a client charged with a crime tells a lawyer that a witness is about to be murdered by a person involved in the crime, the lawyer has discretion to reveal the information to the appropriate authorities. If the information was a confidence or secret, DR 4-101(C)(3) permits the lawyer to reveal information sufficient to prevent the murder, whether or not the client would be criminally liable for the murder. Furthermore, the information received from the client may not even be a confidence or secret, but the committee has not sufficient facts to make a determination.
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