Discovery shows the opposing party swore to income he never reported to the IRS and had his medical bills paid by welfare. Do I have to report the apparent perjury or fraud?

Plain-English summary

The inquiring attorney had obtained information that an opposing party may have committed perjury by falsely swearing to interrogatories, failed to report income to the Internal Revenue Service, or committed welfare fraud. Discovery materials indicated that the opposing party had sworn to earning $24,000 for the year prior to his alleged injury but had not filed a tax return for that year and had his medical bills paid by the Welfare Department of the State of Rhode Island.

The panel took the position that the attorney may, but is not obligated to, disclose this information to the proper authorities. Because the information at issue is not confidential, the Rhode Island Rules of Professional Conduct do not prohibit the attorney from disclosing the alleged facts. The panel added that it was not aware of any legal authority that would form a basis for imposing on the attorney an affirmative duty to notify the authorities of this information.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, including the confidentiality rule. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific guidance mentioned here.

Common questions

Q: Must I report an opposing party's apparent perjury or fraud?

A: Under this opinion, no. The panel concluded the attorney may, but is not obligated to, disclose the information and was aware of no authority imposing an affirmative duty to report it.

Q: Why is this information not protected?

A: Per the opinion, the information about the opposing party is not confidential, so the Rhode Island Rules of Professional Conduct do not prohibit the attorney from disclosing it.

Q: May I disclose it if I want to?

A: Per the opinion, yes. Because the information is not confidential, the rules do not prohibit disclosure to the proper authorities.

Background and rules framework

The opinion does not cite a numbered Rule of Professional Conduct. It turns on the scope of confidentiality: because the information concerned an opposing party and was not confidential client information, the panel treated disclosure as neither prohibited nor required, and found no separate authority imposing an affirmative duty to report.

Citations and references

Rules of Professional Conduct:

• None cited by number. The opinion reasons that the information about the opposing party is not confidential.

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-46: Reporting a Third Person's Unrelated Confession
• RI EAP Op. 91-39: Disclosing an Adverse Change in the Criminal Law

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-52.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-52
Issued August 16, 1991

An attorney seeks Panel advice concerning the attorney's ethical obligations under circumstances in which the attorney has obtained information that an opposing party has either committed perjury by falsely swearing to interrogatories, failed to report income to the Internal Revenue Service or committed welfare fraud. Discovery materials indicate that the opposing party has sworn to earning $24,000 for the year prior to his/her alleged injury, but has not filed a tax return for that year and had his/her medical bills paid by the Welfare Department of the State of Rhode Island.

The Panel is of the opinion that the attorney may, but is not obligated to, disclose this information to the proper authorities. Because the information at issue is not confidential, the Rhode Island Rules of Professional Conduct do not prohibit the attorney from disclosing these alleged facts. The Panel is not aware of any legal authority which would form a basis for imposing upon the attorney an affirmative duty to notify the authorities of this information.