- 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.