Subject: From:

NYS Bar Association Committee on Professional Ethics Jeffrey Malkan (jeffrey.malkan@outlook.com) robert.ruggeri@suny.edu; jbaker4@buffalo.edu; jljarvis@buffalo.edu; jrnewton@buffalo.edu; jereed@buffalo.edu; finleylu@buffalo.edu; lynn.vance@goer.ny.gov; liesl.zwicklbauer@suny.edu; cewing@buffalo.edu; gbinder@buffalo.edu; ubprovost@buffalo.edu;

To:

Cc: Date: Wednesday, April 30, 2014 9:35 AM

New York State Bar Association Committee on Professional Ethics Opinion 797 4/26/06 Topic: Client fraud/misstatements Digest: Under DR 7-102(B), if a lawyer determines that a client has made false representations to the court in an affidavit, the lawyer must call upon the client to correct the information in the affidavit, and, if the client refuses, the lawyer must withdraw any misstatements the lawyer made in certifying the clients statements. The lawyer must also consider whether the lawyer is required or permitted to withdraw from the representation under DR 2-110(B) or (C).

New York State Bar Association Committee on Professional Ethics Opinion 831 - 08/14/09 Topic: Disclosure of fraud on the tribunal and fraudulent conduct Digest: Where a lawyer learns that a client, before April 1, 2009 (the effective date of the new N.Y. Rules of Professional conduct), had committed fraud on a tribunal, the lawyer's obligation to disclose the fraud is governed by DR 7-102(B)(1) of the former Code of Professional Responsibility, which generally did not permit disclosure of confidences or secrets, and not by rule 3.3 of the new Rules of Professional Conduct, which may require disclosure of confidential information necessary to remedy the fraud. Where the fraud occurred before April 1, 2009, this conclusion applies whether the lawyer learns of the fraud before or after April 1, 2009.