LEO: Duty to Disclose Perpetration of a Fraud  LE Op. 543


Duty to Disclose Perpetration of a Fraud Upon a

Tribunal - Grounds of Divorce.


March 1, 1984


It is improper for an attorney to participate in a divorce action as

counsel of record or otherwise where the opposite party has alleged a

twelve-month separation and the attorney's client has denied the

truthfulness of the allegation, unless the attorney raises the matter of

the misrepresentation by the opposing party through pleadings or other



Even if the attorney does not enter the representation of the client, he

has a duty to reveal to the court the perpetration of a fraud upon the

tribunal. If the information concerning the fraud was given to the

attorney in confidence, the attorney must receive prior consent before

making the disclosure. [See DR:7-102, 7-102(B)(1)]


Committee Opinion March 1, 1984