85-6.

• Case Date: November 08, 1985
• Court: Alaska

Alaska Ethics Opinion 1985. 85-6. Ethics Opinion No. 85-6Disclosure of Client Names by Public Officials Pursuant to Campaign Disclosure or Conflict of Interest Statutes.The Committee has been requested to give an opinion regarding the ethical propriety of identifying legal clients pursuant to provisions of applicable financial disclosure laws. We have also been asked whether an attorney has an ethical duty to consult with each client prior to disclosure of his identity and whether a duty exists to seek an exemption from disclosure requirements. It is the opinion of the Committee that an attorney who holds, or is a candidate for, public office may disclose the identity of clients when that information is required by applicable disclosure laws without obtaining the consent of the client, unless the client is likely to be embarrassed or suffer other detrimental effects by such disclosure as a result of other facts or circumstances known to the attorney. Prior to disclosing the identity of clients, the attorney must become sufficiently informed with regard to the services rendered and related facts to permit a reasoned decision as to whether disclosure of the clients' identity may cause embarrassment or other adverse effects to the clients. The request presented to the Committee relates to attorney members of the Alaska Judicial Council. Under Article IV, Section 8, of the Alaska Constitution, three of the members of the Alaska Judicial Council are private attorneys. AS 39.50.200 (p)(15) includes the Alaska Judicial Council in the definition of "State Commission or Board" as used in the Alaska conflict of interest statute. That statute requires each member of a State commission or board to file a statement within 30 days after taking office, giving information regarding income sources and business interests. As defined by statute, the "source of income" of a person self-employed by means of the sole proprietorship, partnership, professional corporation or a corporation in which the person, the person's spouse or children, or a combination of them, holds a controlling interest, includes the client of the proprietorship, partnership or corporation. Disciplinary Rule 4-101(B) prohibits a lawyer from knowingly revealing a confidence or secret of the client. The terms "confidence" and "secret" are defined by DR 4-101 as follows: ...