Lawyers' ethical duty to protect client confidences prevails over duty to disclose client fraud or perjury.
The Tennessee Supreme Court has considered a proposed amendment of Disciplinary Rule 7-102(B)(1) that would confirm Tennessee Formal Ethics Opinion 93-F-133 and require lawyers to disclose privileged information of client fraud or perjury to the affected person or tribunal. The Court rejected the proposed amendment and overruled Ethics Opinion 93-F-133 by an order entered October 28, 1996. Therefore the ethical duty to protect client's confidences prevails over the duty to disclose client's fraud or perjury.
This 6th day of December, 1996.
FOR THE BOARD
Barbara J. Moss, Chair