#1984/5-17 Disposition of Stolen Property

An attorney who has received stolen property from his client is obliged to return the property to the authorities, while at the same time, maintaining the confidences of his client.

An attorney in possession of stolen property given to him by a client under the cloak of the attorney-client privilege may want to hire a second attorney to return the property.

#1985/6-1 Client Confidences: Obligation to Protect or Disclose

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).

#1985/6-3 Insurance Counsel: Acceptance of a Referral from an Insurance Company

A duty of confidentiality continues after the attorney-client relationship ends, so that a third party may not have access to a client’s file without the client’s informed consent.  (Rule 1.6).

In considering a request to return documents and review the file by a spouse in a divorce that was later withdrawn, an attorney owes a duty to his or her client to explain the legal and practical aspects of the request, so that the client may make an informed decision whether to authorize client’s spouse to have access to the client’s file.  (Rule 1.4; 1.6; 2.1)…

#1985/6-4 Client Confidences: Obligation to Retain/Relinquish Documents

A duty of confidentiality continues after the attorney-client relationship ends, so that a third party may not have access to a client’s file without the client’s informed consent.  (Rule 1.6).

In considering a request to return documents and review the file by a spouse in a divorce that was later withdrawn, an attorney owes a duty to his or her client to explain the legal and practical aspects of the request, so that the client may make an informed decision whether to authorize client’s spouse to have access to the client’s file.  (Rule 1.4; 1.6; 2.1)…

#1985/6-5 Dissolution of a Professional Association

Dual employment by an attorney as a salaried associate with one firm and “of counsel” with another law firm is permissible.

A professional association may not (because of misleading implications) continue to use the name of a former director in the law firm’s name, when that former director is now only “of counsel”, and is simultaneously employed as a salaried associate in another law firm.  (Rule 7.5(a)).
An “of counsel” lawyer may be compensated on a basis of division of fees in particular cases or on a basis of consultation fees, but not by profit sharing.
In any advertising, it should be made clear to prospective clients the limited nature of employment (i.e. “of counsel”).  (Rule 7.1).