Ethics Committee Advisory Opinion #1985/6-1
September 10, 1985
An attorney representing an indigent client who learns that the client in completing an indigency affidavit failed to disclose an insurance settlement, can not disclose the omission to the court, but should (1) call the client to correct the omission and (2) be careful not to make any misstatement to the court (ie. on the bill to be submitted to the court). (DR4-101(B); DR7-102(B)(1); DR7-102(A)(5); Rule 1.6; Rule 3.3).
An attorney owes a duty to preserve confidences of a client, but must not make misstatements to a court (DR 4-101(B); DR7-102(A)(5); Rule 1.6; Rule 3.3).
Is the attorney obligated to disclose the client’s receipt of the settlement funds to the court?
How should the attorney deal with the form?