If a lawyer defending another attorney in a bar disciplinary proceeding learns the client misrepresented material facts to the committee, must the lawyer disclose it, and may the lawyer withdraw?

Plain-English summary

The committee addressed a lawyer defending a fellow attorney against disciplinary charges in court and against unrelated charges before a State Bar District Committee. When the lawyer learned that the client had misrepresented material facts to the committee through the lawyer, the committee concluded it is improper for the lawyer to fail to disclose the misrepresentation to the committee.

The committee further concluded it is not improper for the lawyer to withdraw from representing the client in court as well as before the committee, with the permission of the court, citing DR 2-108 and DR 4-101(D)(2).

Currency note

This opinion was issued in 1969, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note states that Rule 1.6(c)(2) details a lawyer's duties in this situation. 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 Treat this page as historical context, not current guidance.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 rule, deadline, or requirement mentioned here.

Common questions

Q: Could the lawyer stay silent about the client's misrepresentation?

A: Under this 1969 opinion, no. The committee found it improper to fail to disclose the client's misrepresentation of material facts to the committee.

Q: Could the lawyer withdraw after the client lied?

A: Yes, with the court's permission. The committee found withdrawal from both the court case and the committee proceeding not improper.

Background and rules framework

The opinion applied the former Code's withdrawal provision DR 2-108 and the confidentiality exception DR 4-101(D)(2) to a client's misrepresentation in a disciplinary proceeding. The committee note maps the question onto current Virginia Rule 1.6(c)(2), corresponding to ABA Model Rule 3.3 (candor toward the tribunal) and ABA Model Rule 1.16 (withdrawal).

Citations and references

Rules of Professional Conduct:

• DR 2-108 (withdrawal) (former Code)
• DR 4-101(D)(2) (confidences and secrets) (former Code)
• Virginia Rule 1.6(c)(2) (cited in the committee note)
• ABA Model Rule 3.3 (candor toward the tribunal)
• ABA Model Rule 1.16 (declining or terminating representation)

See also

• VA LEO 1093: Duty to Disclose Fraud on a Tribunal and Report Co-Counsel
• VA LEO 1608: Duplicate Medical Bills, False Evidence, and Candor

Source

• Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
• Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0200.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LEGAL ETHICS OPINION 200

MISREPRESENTATION BY CLIENT – WITHDRAWAL BY ATTORNEY.

When an attorney defending a fellow attorney against disciplinary charges in court and against unrelated charges before a State Bar District Committee learns that his client has misrepresented material facts to the Committee through said attorney, it is improper for said attorney to fail to disclose such misrepresentation to the Committee, and it is not improper for said attorney to withdraw from representing his client in court as well as before the Committee with permission of the court. [See II: DR:2-108 and DR:4-101(D)(2).]

Committee Opinion
October 21, 1969

Legal Ethics Committee Notes. – Rule 1.6 (C)(2) details a lawyer’s duties in this situation.