83-3.

• Case Date: August 27, 1983
• Court: Alaska

Alaska Ethics Opinion 1983. 83-3. Ethics Opinion No. 83-3Whether the Disciplinary Rules Require an Attorney to Inform (1) the Court of a Former Client's Perjury, and (2) the Current Client's Attorney of the Perjury And, Further when Such Disclosure Should Be Made.In this case, attorney A was requested by defendant D to represent him in a criminal proceeding. During the course of the initial client interview, D informed attorney A that D had an extensive prior criminal record involving both felonies and misdemeanors, and that on previous occasions D had used a number of different aliases and false identities. D then stated his intention to commit perjury at an upcoming bail hearing, which perjury concerned both D's real identity and his prior criminal record. Attorney A informed D that attorney A could not and would not support D in his proposed actions, and further informed D that if his intention was to carry out the proposed perjury at the upcoming bail hearing that attorney A would not be able to represent D. On that basis, the interview was ended. Subsequently, attorney A attended the bail hearing in question, but not as D's attorney. The attendance at the bail hearing was coincidental, as attorney A was appearing for a different client in an unrelated proceeding that was following the bail hearing in the same courtroom. D at this point was being represented by attorney B. Attorney A's contact with attorney B prior to the bail hearing was limited to introducing D to the attorney B, and informing attorney B of the names and addresses of relatives of D who might be willing to testify on D's behalf. During the bail hearing, it became obvious to the attorney A that D was committing the perjury that he had described to attorney A in the initial client interview, and that attorney B was totally unaware of the perjury. Attorney A, having become aware that D perpetrated a fraud upon the court, and that attorney B had no knowledge of the perjury, has inquired of the Committee whether or not the disciplinary rules require attorney A to inform the court or attorney B of the perjury, when such disclosure should be made, and whether attorney A may inform attorney B of the perjury if there is no requirement to do so. Such disclosure should be made in the manner set forth in this opinion. DR 7-102(B) provides: A lawyer who receives...