98-5.

• Case Date: June 04, 1998
• Court: Kansas

Kansas Ethics Opinion 1998. 98-5. June 4, 1998KBA Legal Ethics Opinion No. 98-5June 4, 1998 TOPIC: Client confidences, Unclaimed Property Act DIGEST: It does not violate the Model Rules of Professional Conduct for unprivileged portions of abandoned client files and property, including money, to be turned over to the State Treasurer under provisions of the state's Unclaimed Property Act. Attorneys should discuss this possibility with clients and obtain their permission to either turn unclaimed property over to the Treasurer or to charity after first making all efforts to turn the property over to the client. Date of Request: April 3, 1998 Reference: MRPC 1.6, 1.15, 1.16 The function of the Kansas Bar Association's ethics advisory service is to respond to inquiries from Kansas-licensed lawyers concerning proposed conduct. The limitations on the service do not allow us to render an opinion regarding past conduct or the conduct of someone other than the requesting attorney. The following constitutes only the opinion of the Committee on Professional Ethics-Advisory Services, and is not in any way intended to be a guarantee of a particular result or a conclusion by appropriate authorities. Further, this document constitutes the Committee's opinion based on the facts and information contained in correspondence above referenced. It is based on a review of the disciplinary rules, model rules of professional responsibility and conduct, and applicable case law. This opinion is not a grant of immunity from any form of legal or disciplinary proceeding. The opinion herein is that of a KBA committee without official government status. The Kansas Bar Association expressly disclaims any liability in connection with issuing this opinion. FACTS Under the Kansas Unclaimed Property Act, KSA 58-3935 et seq., any holder in the possession of property belonging to another person or business must report that property to the State Treasurer's office. The treasurer then puts the information on the statewide access list, which includes Internet access to the names and property being held. [1] Requesting counsel believes the act is broad enough to include lawyers and their client's abandoned property. QUESTION Can a law firm reveal names of clients and the nature of the property they have held in trust for the client to a state agency without violating Model Rule 1.6? ANALYSIS Model Rule 1.6 states: (a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b). (b) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary: (1) to prevent the client from committing a crime; or (2) to comply with requirements of law or orders of any tribunal; or (3) to establish a claim or defense on behalf...