LEO: Disclosure of Confidential Information  LE Op. 287


Disclosure of Confidential Information - Actions of

Administrator - Conflicts of Interests - Permissive

Withdrawal by Attorney.


January 30, 1978


An attorney is not required to disclose to the court that his client, the

administrator of an estate, misappropriated estate proceeds for personal

use as long as the client makes prompt and full restitution to the estate.

[See II: DR:4-101(D)(1).] Whether the admission of the misappropriation

by the administrator to the attorney constitutes privileged communications

is a legal rather than an ethics question. It is improper for an attorney

to commence a suit against his client, the administrator, on behalf of the

minor children; however, the attorney should advise the legal custodian of

the minor children to secure counsel for wards. [See II: DR:7-103(A) & (

B).] If the client refuses to file an accounting of the estate, the

attorney should withdraw as counsel. [See II: DR:2-108(A)(1).]


Committee Opinion January 30, 1978