Silence is Golden ... Or is it? Thorny Issues Involving the Concealment of Information from Opposing Counsel
Concealment from your adversary can be unethical even where there is no specific legal obligation to disclose if concealment is otherwise found to be dishonest or misleading. Perhaps as a result of the more recent emphasis on professional civility, disciplinary authorities seem more likely to sanction lawyers for failing to volunteer information to adversaries even when no specific legal duty of disclosure exists. The issue of legitimate nondisclosure or concealment from an adversary is not simply a matter of determining whether an express legal obligation is involved. Lawyers must balance their duties to their client against both express legal duties to adversaries and general duties of truthfulness. Read this full article for examples of different scenarios in which non-disclosure issues may arise. Click here to read more.