LEO: Duty to Disclose/Confidential Information  LE Op. 488

 

Duty to Disclose/Confidential Information Exonerating an

Individual.

 

September 3, 1982

 

It would be improper for an attorney to disclose confidential information

gained from a client, even though that information would exonerate another

individual and even though the attorney no longer represents the client.

DR:7-102(B)(1) would be controlling prior to any trial, as no fraud would

as yet have been perpetrated upon a tribunal, and DR:4-101(B) sets out

the attorney's absolute duty to preserve a client's secrets and

confidences. EC:4-6 emphasizes the continuing nature of this duty, even

to a former client.

 

Committee Opinion September 3, 1982