November 29, 2018 Top Story

    Attorneys Must Self-Report Errors to Current Clients

    Lawyers have a duty to disclose a material error to current, but not former, clients

    C. Thea Pitzen

    A lawyer who commits a material error in the representation of a current client is ethically obligated to disclose that error to the client.

    The attorney must disclose his or her error to the client

    The attorney must disclose his or her error to the client

    iStockphoto by Getty Images

    According to the ABA Standing Committee on Ethics and Professional Responsibility’s Formal Opinion 481, Rule 1.4 of the ABA Model Rules of Professional Conduct does not permit a lawyer to conceal a mistake from a client and simply hope for the best. Rather, the ethical lawyer must “self-report” a material mistake to a current client and deal with the consequences that may result.

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