Legal Ethics Opinion No. 1378 Confidences and Secrets--Disclosing a Former Client's Failure to Include Certain Assets on a Bankruptcy Petition You have indicated that an attorney represented a client in a divorce proceeding and, as a result of the negotiations, a separation agreement was signed and personal property divided. Subsequently, because of non-payment of legal fees and other disagreements, the attorney-client relationship was severed. The client then filed a petition in bankruptcy and bankrupted the attorney fees owed, listing the former attorney as a creditor. As a result of the earlier representation, the attorney possesses information that the former client received artwork and antique furniture and expects to receive installment payments from the equity on the marital home. The attorney has learned that the former client neglected to include those items as assets on his bankruptcy petition. You have asked the committee to opine as to the propriety of the attorney's disclosure of the former client's failure to include on his bankruptcy petition the assets indicated. The appropriate and controlling disciplinary rules relevant to the issue you have raised are DR 4-l0l(B)(2 and 3) which prohibit a lawyer from using a client's secret or confidence to the disadvantage of the client or to the advantage of the lawyer or a third person, and DR 7-l02(B) which requires that a lawyer who receives information clearly establishing that a person other than his client has perpetrated a fraud upon a tribunal shall promptly reveal the fraud to the tribunal. (emphasis added) The Committee believes that the information you describe is not protected by the pertinent disciplinary rule since it is information contained in the property settlement between the parties which was not created with any expectation of privacy and therefore does not constitute a secret under the rule. Thus, the Committee is of the opinion that it would not be improper to reveal the information you indicate involving assets not included in the bankruptcy petition. Committee Opinion October 1, 1990
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