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RICHMOND COUNTY BAR ASSOCIATION
COMMITTEE ON PROFESSIONAL ETHICS
OPINION # 22
Confidential
December 24, 1997
Andrew McGee, Esq.
36 Richmond Terrace
Staten Island, New York 1030
Dear McGee:
Pursuant to our discussion of the other day, permit me to share my analysis of the situation.
Certainly, as you know, the attorney—client privilege is not applicable here because the communication at issue was not made to you in confidence. It was made in the presence of others.
An attorney has an obligation to preserve the “confidences” and “secrets” of a client (Canon 4). The statements at issue were not “confidences” because that is defined as “information protected by the attorney—client privilege” (DR 4— 101(A)). A “secret” is “other information gained in the professional relationship that the client has requested be held inviolate.” I assume from our conversation that no such request was made by your client. A “secret” is also something “the disclosure of which would be embarrassing or would likely to be detrimental to the client.” On this issue, I refer you to NYSBA Ethics Op. #330, a copy of which is enclosed, which seems to conclude that disclosure cannot be embarrassing or detrimental to deceased clients, and therefor is not a secret unless the client asked that the information be kept inviolate.
Therefore, I see no reason, at least from an ethical standpoint, why the matters we discussed could not be revealed to the media.
Good luck.
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Very truly yours,
Wayne M. Ozzi
Chairman, Professional
Ethics Committee |
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