Cba Ethics Committee Abstracts of Recent Letter Opinions

• Publication year: 2004
• Pages: 35
• Citation: Vol. 33 No. 4 Pg. 35

33 Colo.Law. 35 Colorado Lawyer 2004.

2004, April, Pg. 35. CBA Ethics Committee Abstracts Of Recent Letter Opinions

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35

Vol. 33, No. 4, Pg. 35

The Colorado Lawyer
April 2004
Vol. 33, No. 4 [Page 35]

Departments
CBA Ethics Committee
CBA Ethics Committee Abstracts Of Recent Letter Opinions

NOTE: The following abstracts of informal CBA Ethics Committee letter opinions are offered as potential sources of guidance to the Bar on matters of ethical concern. Because they abridge the letter opinions and omit facts and circumstances tending to identify the inquiring attorney, the abstracts are not exhaustive, and therefore should serve only as a starting point for, or supplement to, thorough research and analysis. Inquirers are advised, in advance, if the opinion provided to them will be abstracted and published For a number of reasons, the full letter opinions themselves are not provided to persons other than the original inquirer The letter opinions and these abstracts are issued for advisory purposes only and are not binding in any way upon the Colorado Supreme Court or the Appellate Discipline Commission

FIRST INQUIRY: Abstract 02/03-01

Statement of Facts

A lawyer represents a client in a workers' compensation case. The client has been receiving temporary total disability benefits under the premise that the client was unemployed. The client told the lawyer that the client was not working. The lawyer also agreed to represent the client in seeking a modification of the client's child support obligation. In the child support action, the client filed a Financial Affidavit stating the client was unemployed. At a hearing regarding modification of the child support, the District Attorney provided the lawyer with a document showing that the client has been employed part-time during every quarter since the client was injured.

Issue and Conclusions

Is the lawyer obligated to notify the insurance carrier on the workers' compensation claim or otherwise report the fact of the client's employment during the time the client had received temporary total disability benefits?

1. Colorado Rule of Professional Conduct ("CRPC") 1.6 requires a lawyer to maintain client confidences unless the client intends to commit a fraud crime. When the client's conduct with respect to fraudulently obtaining temporary total disability benefits is continuing, it involves future...