QUESTION: Attorney represents Personal Representative in a decedent's estate. The claim period has passed and there are very few legatees. Personal Representative would like to sell estate real estate in a transaction that Attorney has told Personal Representative would need the consent of all of the legatees. If Personal Representative persists in the sale, must Attorney withdraw? If so, must Attorney inform the court of the improper sale? ANSWER: If Attorney is unable to persuade Personal Representative to follow the proper procedure in the sale of the real estate, Attorney must withdraw as Personal Representative's attorney. The information about the sale is confidential information under Rule 4-1.6. Attorney may not disclose that information to the court without the consent of Personal Representative, unless disclosure is necessary, under Rule 4-3.3, to correct a representation Attorney has made to the court.

QUESTION: Attorney represents both Husband and Wife in a personal injury claim against two defendants. Wife has a loss of consortium claim against the defendants and Husband has a claim for extensive physical injuries, lost wages, permanent disability and pain. Recently, Husband died from what appears to be unrelated causes. The week before Husband passed, Attorney sent a demand letter and all the medical records. When must Attorney inform opposing counsel that Husband is dead? Attorney has not made any representations that Husband is still alive. However, may Attorney go forward deposing fact witnesses and expert witnesses without disclosing this information? ANSWER: Attorney owes a duty to Wife to protect any interests she has in the deceased´s claim. Someone will have to obtain authority to represent Husband´s estate. Therefore, it seems likely that Attorney needs to disclose Husband´s death in order to pursue a valid settlement of his claim. Attorney may not expressly or impliedly represent that Husband is still alive. It would not be impossible to depose witnesses without making such a representation, but it seems unlikely.

QUESTION: Attorney represented a criminal defendant who gave the name X. Attorney negotiated a plea and fine. Attorney has now learned that the client is really Y, not X. The prosecutor's office has also learned this information from other sources. May Attorney file a motion to vacate? ANSWER: Attorney should contact Y as soon as possible and advise Y of the situation. Attorney should advise Y that Attorney will file a motion to vacate, if Y authorizes it. If Y will not authorize it, Attorney may not file a motion to vacate. However, if the court has not already been made aware of the situation by someone else, Attorney has an obligation under Rules 4-3.3(a)(4) and 4-3.3(b) to do so before the proceeding becomes final. If that is the situation, Attorney must advise Y that Attorney will take this action at the time Attorney is consulting with Y about filing a motion to vacate. If Y does not authorize Attorney to file the motion to vacate, Attorney should not undertake to represent either X or Y in any further proceedings related to this matter.

QUESTION: Attorney represents a client in filing an application for Letters of Administration in an estate. Attorney has now learned that the client purposely did not provide complete information about possible heirs. The client does not want Attorney to disclose information about the additional heir to the court. What should Attorney do? ANSWER: Attorney should counsel the client to make full disclosure to the court and Attorney should counsel the client regarding the ramifications of failing to do so. If the client refuses to do so, under Rule 4-3.3, Attorney should take action to correct the erroneous information provided to the court and Attorney should withdraw.

QUESTION: Attorney has a client who has been charged with passing a bad check. The client states that he did not intend to defraud or know that the check would not be paid. Attorney believes the client. In order to plead guilty, the client must state the opposite of what he has told Attorney because an "Alford plea" is not an option. The client wants to plead guilty for economic reasons. ANSWER: Under Rule 4-3.3, Attorney may not assist his client in providing false information to the court. That rule also prohibits Attorney from standing silent while the client provides false information. If the client insists on providing false information, Attorney must seek leave to withdraw.

QUESTION: Attorney represents guardian and conservator and helped her file annual settlement. Attorney obtains information from conservator to file next settlement. The information indicates that conservator may have misappropriated funds. Conservator resigns. What should attorney do about filing settlement and communicating the information to the court or the bonding company? ANSWER: Attorney may not communicate the information to the court or the bonding company unless conservator consents. Attorney may inform the bonding company that the conservator resigned. Under Rule 3.3 attorney may not file anything with the court which is false or contains omissions. Therefore, attorney must either refrain from filing the settlement or must file it with complete and accurate information. Attorney must try to persuade conservator to file a complete and accurate settlement. If conservator will not do so, attorney must withdraw.

QUESTION: Attorney represents husband in wrongful death case on death of wife. Husband dies during case. Husband is survived by children. Can attorney proceed with settlement negotiations without disclosing death of husband? How soon must attorney disclose death of husband? ANSWER: Attorney must disclose death of client to the defendant´s attorney and the court within a reasonable time. Attorney may not continue to actively negotiate without disclosure.