Formal Ethics Opinion 94-387 (Downloadable)
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Formal Ethics Opinion 94-387 (Downloadable)

Formal Ethics Opinion 94-387 (Downloadable)
Product Code: 5611100387PDF
Publication Date: September 1994
Sponsoring Entities: The Center for Professional Responsibility
Topics: Ethics & Professional Responsibility, Ethics Opinions
Format: PDF - 5611100387PDF
Pricing: $20.00 (Regular)
About the Product

Disclosure to Opposing Party and Court That Stature of Limitations Has Run
September 26, 1994

A lawyer has no ethical duty to inform an opposing party in negotiations that the statute of limitations has run on her client's claim; to the contrary, it would violate Rules 1.3 and 1.6 to reveal such information without the client's consent. It follows that where the opposing party and his counsel appear to be unaware that the limitations period has expired, the lawyer may not discontinue negotiations over the claim simply on this ground, in the absence of agreement by her client that she do so. Nor is the lawyer constrained by the rules of ethics from filing suit to enforce a time-barred claim, unless the rules of the jurisdiction preclude it. There is no basis in the ethics rules for holding a lawyer representing a government agency to a different standard in these circumstances than that applicable to a lawyer representing a private client.

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