Legal Opinion: Fraud


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  • | 12:00 p.m. March 17, 2008
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The following legal opinion was handed down Oct. 2, 1963 by the Florida Bar and covers accident fraud

If in the course of representation in a personal injury action the attorney learns the subject accident was fraudulently conceived or effectuated he may withdraw from the case. No specific reason need be given unless the client insists. Whether or not the attorney may disclose to a grand jury or prosecutor information received from the client is not a question of ethics.

Vice-Chairman Smith stated the opinion of the committee:

Essentially, the inquiry is, if a member of The Florida Bar must continue representation of a client in a personal injury case upon learning that the subject accident was fraudulently conceived and effected and, further, whether he may disclose to a grand jury or prosecuting officer information gained from the client in the course of the attorney-client relationship before learning of the fraudulent motive.

All Committee members agree that he may withdraw from the case either by returning the file, if action has not been instituted, or by obtaining the client’s agreement and filing an appropriate motion, if the action has been filed. He may so withdraw even if the client does not agree. He need not give a specific reason other than to say he does not wish to continue the representation because of the existing circumstances. However, if the client insists upon receiving reasons, he may give them even if the matter is then before the Court.

Whether he may disclose information received from the client while employed is essentially a question of law, not ethics.

 

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