Ethics Opinion

Opinion No. 91-6

June 1991

Summary: An attorney appointed to represent a criminal defendant found by the court to be indigent, who learns from the client that the client received funds subsequent to filing a statement of indigency, must call upon the client to rectify the fraud of obtaining free legal services to which he is not entitled. If the client refuses to do so, the lawyer must either reveal the fraud to the court, or notify the court that he or she is willing to continue to represent the client without compensation from public or restricted funds. Opinion 76-17, which reached the conclusion set forth in the preceding two sentences under a former version of DR 7-102(B)(1), is reaffirmed.