Advisory Opinion:
909
Year Issued:
1985
RPC(s):
DR 7-102 (B) (1); RPC 1.6; 3.3 (a); 3.9; 8.4(c)
Subject:
Client confidences; disclosure of information that would reduce clients' entitlement to workers' compensation benefits
[The lawyer represented clients receiving workers' compensation in Alaska and federal disability benefits. The workers' compensation agency would reduce its payments if notified of the disability benefits. The inquiry concerned whether the lawyer should disclose receipt of the disability benefits to the workers' compensation agency.] The Committee was of the unanimous opinion that under the Code of Professional Responsibility, DR 7-102 (B) (1), you would be required to direct your client to disclose the relevant information to the Alaska Workers' Compensation Division, and if your client refused to do so, you would be required to reveal the fraud to the agency because it would fall within the definition of "tribunal" provided in the CPR.
The Committee further considered this matter in light of the Rules of Professional Conduct which become effective on September 1, 1985. The Committee determined that pursuant to RPC 3.9, 3.3(a), and 1.6, you would first be required to determine whether your client's conduct constituted a continuing crime. If you determined that it did, then you would again be required to instruct your client to disclose the facts, and if the client refused to do so, then you would be required to reveal it. If, however, you determine that it did not constitute criminal conduct, then you would be required to advise your client to disclose the information, and if your client did not disclose it, then you would be required to withdraw from further representation of the client so as to avoid violation of RPC 8.4(c). The Committee was further of the opinion that you should attempt to adjudicate the legal question involved.
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