LEO: Perpetration of Fraud -  LE Op. 730


Perpetration of Fraud - Confidentiality.


October 21, 1985


Based upon the representations of the client, an attorney persuaded the

attorney for his client's creditor to vacate a judgment on the grounds of

improper service of process on the client and the existence of a

substantial defense. Subsequently, the attorney learned that the service

was proper and that there was no substantial defense. The client has not

responded to the attorney's efforts to contact him and the matter is set

for retrial.


If the client's representations were made to the court, the attorney must

disclose the falsity of such representations to the court. The attorney

may disclose to adverse counsel the falsity of such representations. [

DR:4-101(C)(3), DR:4-101(D)(2)]


Committee Opinion October 21, 1985