New ABA Formal Opinion: Lawyer-Victim Can Disclose - OBLIC - Ohio Bar Liability Insurance Company

< Back

New ABA Formal Opinion: Lawyer-Victim Can Disclose

Post on March 24th, 2025

On March 5, 2025, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 515 A Lawyer’s Discretion to Report When a Client Commits a Crime Against the Lawyer or Against Someone Associated with, or Related to, the Lawyer. This Opinion presented four hypothetical situations where a lawyer is a victim of a crime by a client or prospective client.

The first hypothetical is a scam situation where the lawyer is retained by email to collect a debt on a contingent fee. The debtor agrees to pay and lawyer deposits the check in the IOLTA and transfers funds for fees and to the client. Lawyer is later notified by the bank that the check was fraudulent and bank will seek recovery from lawyer.
In the second hypothetical, the situation is similar, but the lawyer discovers the scam before accepting representation.
The third hypothetical involves a meeting in the lawyer’s office with client to discuss a matter lawyer is handling. The client becomes angry and shoots the lawyer or lawyer’s paralegal and flees the office and building.
In the fourth hypothetical, the lawyer briefly leaves the client in lawyer’s office unattended and discovers after client leaves that client has stolen lawyer’s wallet from lawyer’s desk.

The Opinion discusses Model Prof. Cond. R. 1.6, noting the protection of Rule 1.6(a) for client confidentiality and the exceptions under Rule 1.6(b) which permit disclosure.

After careful discussion of the duty of confidentiality and finding the exceptions inapplicable to the hypothetical situations, the Opinion states an implicit exception to Rule 1.6 permits disclosure to the extent reasonably necessary to report a crime against a lawyer, lawyer’s family, or others associated with the lawyer.

Don’t hesitate to contact OBLIC’s Loss Prevention with questions or to take advantage of the complimentary ethics consults for policyholders.

Gretchen K. Mote, Esq.
Director of Loss Prevention
Ohio Bar Liability Insurance Co.
Direct: 614.572.0620
[email protected]

Merisa K. Bowers, Esq.
Loss Prevention & Outreach Counsel
Ohio Bar Liability Insurance Co.
Direct: 614.859.2978
[email protected]

This information is made available solely for loss prevention purposes, which may include claim prevention techniques designed to minimize the likelihood of incurring a claim for legal malpractice. This information does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic and should not be construed as providing legal advice. Please conduct your own appropriate legal research in this area. If you have questions about this email’s content and are an OBLIC policyholder, please contact us using the information above.